IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.14211 OF 2011 SHANKAR YADAV, SON OF SRI ASHARFI YADAV, RESIDENT OF MOHALLA BENTA (IDGAH ROAD), POLICE STATION LAHERIASARAI, DISTRICT DARBHANGA VERSUS THE STATE OF BIHAR ********* 2 01/06/2011 Heard Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioner is an accused in a case under Sections 302, 201, 120B, 328 & 379 of the Indian Penal Code. The allegation in the First Information Report is that the deceased who runs a shop had gone to the medicine shop of Biswajeet Gami and thereafter he did not return home. Later, it transpired during the investigation that the deceased along with Biswajeet Gami and Bijendra Mishra were taking wine in a restaurant. It is said that the deceased was in a drunken state and as such his motorcycle was handed over to this petitioner to be dropped at his home. The petitioner is said to have spent a night at his in-laws’ house and thereafter in the morning went to the house of the deceased to return the motorcycle. The case of the informant is that the petitioner was running away from the house whereas it has transpired during investigation, that this petitioner took 2 the informant to the place of occurrence where all the three persons aforesaid were taking wine and eating food on the previous night. On reaching the restaurant, they found that the deceased was lying in a pool of blood. Counsel for the petitioner submits that if the petitioner was involved in the crime, he would not have bothered to return the motorcycle to the family of the deceased, rather would have thrown the motorcycle somewhere. It is also submitted that the petitioner would not have disclosed the whereabouts of the deceased on the previous evening, and would not have gone with the informant to the place of occurrence, as such it is submitted that the petitioner has been dragged in this case for no reason. It is further submitted that co- accused Vijendra Mishra @ Vijendra Kumar Mishra has been granted bail by this Court vide order dated 05.05.2011 passed in Criminal Misc. No. 10932 of 2011. Be that as it may, the above named petitioner is directed to be released on bail in Laheriasarai Police Station Case No. 58 of 2011 on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Darbhanga. Anand ( Sheema Ali Khan, J. )