IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44970 of 2008 Md. Rizwan alias Md. Rizwan Ahmad, son of Md. Nazir, resident of village Rampura, P.S. Singhwara, District Darbhanga. ……… Petitioner. Versus The State of Bihar …. Opposite Party ----------- 04/ 04.02.2009 Heard learned counsel for the petitioner and learned counsel for the State. This petition has been filed for release of the petitioner on bail in connection with Singhwara P.S. Case No. 140 of 2007, corresponding to Sessions Trial No. 99 of 2008 pending before the learned 1st Additional Sessions Judge-cum-Fast Track Court-V, Darbhanga for offences punishable under sections 304(B)/34 of the Penal Code, in which now the Police has submitted that it was a case for offence punishable under section 302 of the Penal Code. Earlier similar prayer for bail of the petitioner vide Cr. Misc. No. 8616 of 2008 was rejected by this Court by order dated 02.05.2008. Learned counsel for the petitioner submits that the petitioner is a poor person working as labourer in Dubai and in his absence his wife had died. He also avers that the date of occurrence is 07.11.2007 but much before that on 07.06.2007 the petitioner’s mother had sent petitions to the Hon’ble Home Minister & Deputy Chief Minister, Maharashtra, the Joint Commissioner of Police, Mumbai, the Commissioner of Customs, Sahar Air Port, Mumbai, Sr. Inspector of Police, Missing Persons Bureau, Crime Branch, Crime Detection - 2 - Department, Mumbai and Sr. Inspector of Police, Sahar Police Station, Sahar Air Port, Mumbai, stating that her son, namely, the petitioner had been kidnapped from Mumbai and a missing complaint was lodged with Sahar Police Station on 07.04.2007, but inspite of that and publication of news in the Mumbai newspapers, he was not yet recovered and hence necessary direction was requested for search and investigation of her son, namely, the petitioner. Learned counsel for the petitioner submits that the Sr. Superintendent of Police, Darbhanga after investigation had found that originally the case was lodged for the offences punishable under sections 304(B)/34 of the Penal Code, but from the directions of the Deputy Inspector General of Police, it is apparent that the deceased had died due to suffocation and the case should have been lodged for the offences punishable under section 302 of the Penal Code. It was also mentioned in the said report that the allegation against all the other accused persons were not proved. In the said circumstances, learned counsel for the petitioner submits that he has been falsely implicated in the instant case although he had nothing to do with the alleged occurrence and he is languishing in jail custody since 24.11.2007. Considering the aforesaid facts and circumstances, I am inclined to admit the petitioner to bail. Accordingly, let the sole petitioner, namely, Md. Rizwan alias Md. Rizwan Ahmad be admitted to bail on executing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1st - 3 - Additional Sessions Judge-cum-Fast Track Court-V, Darbhanga in connection with Singhwara P.S. Case No. 140 of 2007 dated 07.11.2007, corresponding to Sessions Trial No. 99 of 2008. MPS/ ( S. N. Hussain, J. )