IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42718 of 2009 BIRENDRA PRASAD SON OF SRI RAMESHWAR PRASAD, R/O VILLAGE- SIWAY BIGHA, P.S.- RAHI (WENA) DISTRICT- NALANDA Versus STATE OF BIHAR ----------- 3 29/01/2010 Heard Mr. Kamal Nayan Choubey the learned Senior Counsel for the petitioner and learned APP for the State. The petitioner is one of the named accused of a case which has been registered under Sections 302, 201/34 of the Indian Penal Code AND Sections 3 (ii) (v) (ix) (xi) (xii) of the SC/ST Prevention Atrocities Act. According to the informant, her husband was seen taking toddy along with this petitioner and others. He did not return. Later on his dead body was found. There was enmity with regard to taking possession of Gair Mazarua land and pond and so it was suspected that he might have been killed by the petitioner and others. Submission is that no one has seen the occurrence. Except weak circumstantial evidence there is nothing against the petitioner. At best it is a case of last seen. Considering the facts and circumstances of the case, the petitioner is directed to be released on furnishing of bail bonds of Rs. 10,000/- (ten thousand) 2 with two sureties of the like amount each to the satisfaction of the learned C.J.M./concerned Court, Nalanda at Biharsharif in connection with Rahui (Wena) P.S. Case No. 193 of 2009. avin (Shyam Kishore Sharma, J.)