IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38261 of 2010 MAHENDRA NATH YADAV @ MAHENDRA YADAV, SON OF LATE MOTILAL YADAV. Versus STATE OF BIHAR ----------- 03 07.01.2011 Heard learned counsel for the petitioner as well as learned P.P. for the State. Petitioner seeks his bail in connection with Muffasil P.S. Case No. 69 of 2010 registered under Sections 302, 328, 201/34 of the Indian Penal Code and 27 of the Arms Act. Petitioner is named in the First Information Report and there is allegation that he along with other accused forcibly administered poisonous liquor to the deceased. Learned counsel for the petitioner submits that in course of investigation, several witnesses have stated that the wife of deceased had illicit relationship with the informant and when the deceased saw the informant and his wife in objectionable condition, an altercation took place between them and after that deceased consumed poison and subsequently, the body of the deceased was thrown in a field and the informant lodged this false case against the petitioner and others on account of previous enmity. There are two sets of evidence in the case diary. Informant along with one eye-witness, namely, Sanjay Kr. Kamal stated that it was petitioner and other accused, who administered poisonous liquor to the deceased whereas second set of witness has stated that deceased was killed by the informant himself. At Para 10 of the case diary, the statement of eye-witness Sanjay Kr. Kamal has been incorporated by the Investigating Officer and in the said statement, the aforesaid eye-witness has stated that at the time of alleged occurrence, accused persons had assaulted him also and he became unconscious, but it is surprising enough that no injury has been found on the person of the witness, Sanjay Kr. Kamal. So the aforesaid circumstance creates some doubt in respect of the statement of the aforesaid so-called eye-witness. Considering the aforesaid facts and circumstances as well as submissions of the parties, above named 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, Nawada in connection with above stated Muffasil P.S. Case No. 69 of 2010. Shahzad (Hemant Kumar Srivastava, J )