IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10932 of 2011 VIJENDRA MISHRA @ VIJENDRA KUMAR MISHRA Versus THE STATE OF BIHAR ----------- 03 05.05.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State assisted by learned counsel for the informant. Although, petitioner is named in the first information report but only suspicion has been raised against him and in course of investigation, it came to light that petitioner along with deceased and some other accused persons had taken wine in a restaurant and subsequently, they left the above stated restaurant. In course of investigation, some witnesses claimed that they had seen four persons quarrelling on road. Even if, it assumed that petitioner and other accused were quarrelling with deceased, then also, admittedly, at the time of above stated incident, they were in drunken state. In course of investigation, petitioner and some co- accused were arrested and their confessional statements were recorded and not only petitioner but also other accused very clearly stated that after taking wine they went to their homes respectively. Moreover, the mobile of the deceased was recovered from possession of one Prafull Kumar, who disclosed before the police that one Rakesh Kumar had given the above stated mobile to him and when the above stated Rakesh Kumar was squeezed by the police, he disclosed that he saw four persons quarrelling in drunken state and the mobile of one person was dropped which was picked up by him and subsequently, handed over by him to 2 the above stated Prafull Kumar. No doubt, one blood stained shirt has been recovered from the house of the petitioner but it has been submitted on behalf of the petitioner that two or three days prior to the alleged occurrence, the nephew of the petitioner had met an accident and while the above stated nephew was being carried by the petitioner, the blood appeared on the shirt of the petitioner. Moreover, up-till- now it has not been established by the prosecution as to whether the blood found on the shirt of the petitioner belonged to the deceased or not. Considering almost all the materials available on the case diary as well as submissions of the parties, at best, it is a case of last seen and, therefore, petitioner is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Darbhanga in connection with Laheriasarai P.S. Case No. 58 of 2011. Shahzad (Hemant Kumar Srivastava, J )