IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39567 of 2008 DHARMENDRA KUMAR Versus STATE OF BIHAR ----------- 3 22.12.2008 Heard. The petitioner seeks bail in a case instituted under sections 302/34 of Indian Penal Code. As per F.I.R. lodged by the police officer, a dead body was found deserted in the field. The informant has alleged that the dead body was of one Sandeep who was seen in the company of the petitioner. Counsel for the petitioner submits that in course of investigation, there is no direct evidence incriminating the petitioner in the offence. The learned Sessions Judge has referred to certain paragraphs of the case diary. Those paragraphs have been read out. It appears that paragraph nos. 10 and 58 of the case diary contains statement of certain witnesses who have not claimed to be eye-witnesses. Paragraph no. 57 is the confessional statement of the petitioner himself. It appears that from the material on record that on the date of occurrence, the deceased was seen consuming toddy and thereafter he came to the house of the petitioner. It has further been submitted that the petitioner is in custody since 17.3.2008. Having considered the fact that there is only circumstantial evidence against the petitioner and the fact that - 2 - the deceased was seen consuming toddy before reaching the house of the petitioner, this Court is inclined to admit the petitioner to bail. Let the petitioner abovenamed be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Aurangabad in connection with Obra P.S. case no. 21/2008 subject to the condition that one of the bailers should be own/close family members of the petitioner. pkj ( Kishore K. Mandal, J )