IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20971 of 2008 ANIL KUMAR SINHA Versus STATE OF BIHAR - - - - 4. 11.8.2008 Heard. The case relates to the death of one Baljeet Singh who happened to be the son of the informant and it appears that he along with some others, like the petitioner, was the sponsored student for being admitted to different educational institutions. On the day of the occurrence, it is stated that the deceased and other accused including the present petitioner had gone to Muzaffarpur for enlisting the students who wanted to be sponsored for admission to different Engineering courses and he came back to Patna on 23.9.2007. The informant states that his son was alright till 3.05 P.M and he had talked to him on a Cellular Phone but all of a student at 3.58 P.M. he received information from accused Rajesh that the deceased had been rushed to the P.M.C.H. on account of his condition worsening. The deceased died and his dead body was found by the informant and 2 others when they reached the P.M.C.H. Prior to the written report which is the basis of the F.I. R., the informant had given statement on the basis of which a U.D.Case was registered and that story is completely different from what is contained in the written report. The report in the U.D. case does not state that the deceased had been to Muzaffarpur or that any of the accused accompanied him or that there was any dispute between any of the accused and the deceased as now the informant states in his further statement. The informant stated that the deceased took tea and other eatables on account of being brought to him by the servant working in the organization, namely, Ranjeet and it was Rajesh who informed the informant and he rushed to the P.M.C.H. It is true that Viscera indicates traces of Aluminium Phosphate which is known as sulpyhas but there is no material in the case diary except the suspicion raised which could be not only against the petitioner but also against many others who could have the occasion to administer poison to the deceased. 3 Regard being had to the substances and material collected in the case diary, let the above named petitioner be directed to be released from custody on his furnishing a bond of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Patna, in Kotwali P. S.Case No. 40 of 2008. Kanth ( Dharnidhar Jha, J.)