IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10287 of 2008 KINKER YADAV Versus STATE OF BIHAR -With- Cr.Misc. No.2146 of 2008 DEVANDAN DAS @ DEVNANDAN SAO Versus THE STATE OF BIHAR ----------- 2. 20.5.2008. Heard the learned counsel for the petitioners, informant and counsel appearing on behalf of the State. The petitioners are accused in a case under Sections 302,201 and 34 of the Indian Penal Code. The prosecution case is that on 13.8.2007 the deceased had gone to take liquor alongwith these petitioners but the deceased did not return till the night. The dead body of the deceased was recovered from a ‘Well’. During investigation, it appears that two witnesses in paragraphs no.8 and 9 of the case diary said that these two petitioners alongwith some other were sitting and taking drinks at the house of one Sukhari Sah. Sukhari Sah also alleges that there was a some sort of altercation between them. Thereafter he left the house and the dead body of the deceased was recovered three days later. Learned counsel for the petitioners submits that the First Information Report was lodged on 16.8.2007 after the recovery of the dead body and till that date nobody disclosed the story about taking drinks together at the house of Sukhari Sah. It is further submitted that it is a case of last seen and the petitioners have been - 2 - made accused because there was a land dispute between the parties. The petitioner Kinkar Yadav is in custody since 11.10.2007 and the petitioner Devnandan Sah @ Devnandan Sao is in custody since 27.9.2007 I, accordingly, direct that the petitioners Kinkar Yadav and Devnandan Sah @ Devnandan Sao are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya in connection with Fatehpur P. S. Case No. 116 of 2007 with the condition that the petitioners must co-operate with the court during pendency of this case U.K. (Sheema Ali Khan,J)