IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34948 of 2009 AJAY YADAV, Son of Rameswar Singh, resident of Village- Musahari, P.S. Islampur, District- Nalnada.............................................Petitioner. Versus The State of Bihar........................................................Opposite Party. ------------------ 2. 03.11.2009. Heard senior counsel for the petitioner, learned counsel for the State and learned counsel for the informant. The case is under Sections 302, 201 read with Section 34 of the Indian Penal Code. As per the First Information Report, this petitioner had taken the deceased to his house and he was seen sitting on the roof in the evening. It is also said that at about 8.00 P.M. in the night, there was some altercation between co-accused Arun Yadav and the informant in respect of a cycle but that altercation got died down. After some time the informant and others tried to look for the deceased and made enquiries but got vague replies. In the morning, the informant came to know that a dead body was lying on the Railway line. When he went at the place of occurrence he found that the dead body was of his son. Case diary was called for in this case and in the case diary witnesses have only stated that boy was seen sitting on the roof of the house of petitioner. One allegation has been levelled that deceased had some illicit relationship with the daughter-in-law of Rameshwar Singh. From post mortem, it appears that head of the deceased was found smashed. It was also found that there were only related injuries on the dead body of the deceased. Learned counsel for the petitioner submitted that there is not a single witness, who has deposed during the investigation that either the deceased was murdered in the house and the body was seen being carried away or saw the deceased leaving the house followed by the accused - 2 - persons. He submits that there is absolutely no material to show that the petitioner had taken any step towards commission of the crime or was seen with the deceased subsequent to the altercation between Arun Yadav and the informant for the cycle, which, as per the statement of the informant himself had died down. Learned counsel for the informant and the counsel for the State have submitted that motive is there for the said crime which is evident from the First Informant Report as well as statement of the Supervising Officer. Petitioner is in custody since 29.03.2009. Considering the above facts and circumstances and considering that subsequent to the said altercation between Arun Yadav and the informant no witness has come forward to state about any activity of the petitioner in suspicious circumstances, this application is allowed. The petitioner Ajay Yadav is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the IInd Additional Sessions Judge, Hilsa( Nalanda) in connection with Islampur P.S. Case No. 179 of 2008, S.T. No. 450 of 2009 with conditions as laid down in Sub-Section(3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioner. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest. U.K. (J.N.Singh,J)