IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23006 of 2010 PRANAB KUMAR Versus THE STATE OF BIHAR ----------- 03 2.11.2010 Heard learned counsel for the petitioner as well as for the State. Petitioner Pranab Kumar apprehends his arrest in connection with Alauli P.S. Case no.31/2010 registered under section 302 and 201/34 IPC. It would appear from record that on 21.3.2010 informant’s father went to see his field but did not return and thereafter a Sanha was lodged by the informant’s brother in respect of missing of his father. Subsequently, on 28.3.2010 the petitioner and FIR named accused persons made sarcastic comment in respect of father of the informant and thereafter on 30.3.2010 dead body of the informant’s father was recovered from a maize field. Learned counsel for the petitioner submitted that admittedly, a decomposed dead body was recovered and in the post mortem report, doctor opined that the aforesaid dead body belonged to a person of aged about 40 plus five years whereas the informant’s brother has claimed in Sahha that his father was aged about 60 years and, therefore, the aforesaid facts suggest that the above stated dead body was not of father of the informant. Further contention is that even if the materials collected by the Investigating Officer in course of investigation assume to be true then also except the so- called sarcastic comment allegedly passed by the petitioner and others, there is nothing against the petitioner. 2 Admittedly, there is some land dispute between the informant and the petitioner and except the so-called extra judicial confessional statement of the petitioner, there is no circumstantial evidence against him. Although investigation of this case is still going on but considering this aspect of the matter that up till now nothing has been collected by the investigating officer to connect the petitioner in the alleged crime, I think it proper to extend the privilege of anticipatory bail to the petitioner. Accordingly, this anticipatory bail petition is allowed and it is ordered that, in the event of his arrest/surrender within thirty days from the date of communication to this order, petitioner (Pranab Kumar) shall be released on bail on furnishing bail bond of Rs 10,000/- with two sureties of the like amount each to the satisfaction of C.J.M, Khagaria in Alauli P.S. Case no.31/2010 subject to the condition as laid down under section 438(2) Cr. P.C. Furthermore, the petitioner shall cooperate the Investigating officer in course of investigation and he shall make him available whenever and wherever he is called by the I.O. in connection with the investigation of the instant case and if any complain is made by the I.O. before the learned court below in respect of non-cooperation of the petitioner in investigation of the instant case, in that event, the learned court below shall be at liberty to cancel the bail bond of the petitioner after due enquiry. Shahid ( Hemant Kumar Srivastava, J.)