IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6889 of 2010 BISHNU PRASAD SINGH son of Rambilash Singh, r/o village Haribela P.S. Bathnaha Dist. Sitamarhi. ..Petitioner. Versus STATE OF BIHAR ----------- 2 26.2.2010 Heard Mr. Arun Kumar, learned counsel for the petitioner and Mr. Ansarul Haque , learned A.P.P. for the State. Petitioner is an accused in a case instituted under section 302, 328/34 of the Indian Penal Code. According to the prosecution case itself on 3.9.2009 the petitioner came to the house of the informant and took the deceased Ranjit Kumar on a motorcycle to his own village and on 4.9.2009, brought back dead body of the deceased on a commander jeep where- after family members suspected some foul play and raised suspicion that petitioner might have poisoned the deceased to death. Learned counsel for the petitioner submits that if he was in any way responsible for commission of the offence in question, then in that case, he would not have himself brought back the dead body of the deceased to the house of the informant. He further submits that the entire prosecution allegation seems to be based on suspicion and surmises only. It has also been submitted that though the deceased had come to the house of the petitioner, but he suddenly developed some pain and he was taken - 2 - to a doctor for his treatment, but he could not be saved. Be that as it may, in the facts and circumstances of the case, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand0 with two sureties of like amount each to the satisfaction of A.D.J./F.T.C.- III, Sitamarhi in Riga P.S. case no. 144/2009 (S.Trial No. 570/09). ((Birendra Prasad Verma, J) M.Rahman