IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.12876 OF 2009 SONE LAL PASWAN, SON OF SHRI RAM SHARAN PASWAN, RESIDENT OF VILLAGE DAULATPUR, POLICE STATION DALSINGSARAI, DISTRICT SAMASTIPUR VERSUS THE STATE OF BIHAR ******** 3 28/08/2009 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioner is an accused in a case under Section 306/34 of the Indian Penal Code. The allegation in the First Information Report is that the wife of the deceased had come to her father’s house and refused to return with her husband. There was exchange of hot words and assault by the father-in- law, mother-in-law etc. of the deceased. It is thereafter alleged that his body was found at the cross road. Two types of evidence have come in this case. One set of witnesses alleged that the deceased has consumed poison and the second set of witnesses alleged that the deceased had consumed alcohol and was found dead on the road. Learned Counsel for the petitioner submits that no case is made out under Section 306 of the Indian Penal Code as there is no evidence with respect to the consumption of the poison and the entire case is based on suspicion and presumption. 2 Be that as it may, the above named petitioner is directed to be released on bail in Dalsingsarai Police Station Case No. 324 of 2007 (Sessions Trial No. 618 of 2008) on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge, Fast Track Court No. II, Samastipur. Anand ( Sheema Ali Khan, J. )