IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9266 of 2010 SERVESH SINGH, Son of Santan Singh @ Satya Narayan Singh, resident of Village- Chakand Garh, P.S. Chandauti (Chakand O.P.) District-Gaya...............................................................Petitioner. Versus THE STATE OF BIHAR........................................Opposite Party. ----------- 4. 27.05.2010. Heard learned counsel for the petitioner and counsel appearing for the State. The petitioner is languishing in jail initially registered under Sections 364, 365/34 of the Indian Penal Code but subsequently Section 302 of the I.P.C. was also added. It is alleged against the petitioner that the victim went in the company of Hari Paswan alongwith the petitioner on 20.11.2009 but he did not return then the present case was lodged on 22.11.2009 thereafter when the petitioner came to know about he being named in the F.I.R. surrendered on 25.11.2009 and ultimately the dead body was recovered on 04.12.2009 hence it was submitted that the proximity between death and last seen is not that close to constitute prima facie accusation against the petitioner. It is submitted by the leaned counsel for the State that the victim went in the 2 company of the petitioner and Hari Paswan on 20.11.2009 and thereafter he did not return. Considering the aforesaid submission and keeping in view of the fact that there is only circumstantial evidence against the petitioner, let the petitioner, Servesh Singh, 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 learned C.J.M. Gaya, in connection with Chandauti P.S. Case No. 211 of 2009. U.K. (Dinesh Kumar Singh,J)