IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.48960 of 2008 ARVIND KUMAR, S/O SRI MURARI SINGH @ KRISHNA MURARI SINGH, RESIDENT OF VILLAGE-MAHMADPUR, P.S. BIHTA, DISTRICT-PATNA ............ PETITIONER Versus STATE OF BIHAR ................ OPPOSITE PARTY ----------- 03/ 19-02-2009 Heard the learned lawyer for the petitioner, the State and the informant. The petitioner seeks bail in a case which was initially registered on 14.5.2008 under Sections 363, 364 and 34 of the Indian Penal Code against Sujit Kumar, the petitioner and one unknown on the basis of written report of informant Manoj Kumar whose brother Girija Sagar went with the petitioner and Sujit Kumar on 5.5.2008. He did not return so an F.I.R. was lodged. Later on a dead body was found on the basis of confession of Sujit Kumar. It has been found during investigation that deceased was Girija Sagar, the victim of the case. Submission is that even of last seen with the petitioner because the petitioner had accompanied the victim on 5.5.2008 the dead body was recovered after about 19 days and it cannot be said that it is a case of last seen. Further submission is that the name of the petitioner came on the basis of confessional statement of Sujit Kumar who might have motive for killing because the deceased was having illicit relationship with his wife. The petitioner had no motive at all to commit such offence. Prayer for bail has been opposed by the learned - 2 - counsel for the informant who has submitted that the name of the petitioner came on the basis of confessional statement of Sujit Kumar on whose confession the dead body was recovered. Considering the facts and circumstances of the case, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Danapur, Patna in connection with Bihta P.S. Case No. 129 of 2008. S.Sb/- (Shyam Kishore Sharma, J.)