IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38711 of 2009 1. DHANJIT PRASAD, SON OF BRIJ MOHAN PRASAD. 2. KANHAIYA PRASAD, SON OF BIRBAL PRASAD. 3. PUNYADEO PRASAD, SON OF LATE MUNI PRASAD. ALL ARE R/O VILL-FENHARA GADDI, P.S. TARAIYAN, DISTRICT-SARAN…………………………PETITONERS. Versus THE STATE OF BIHAR………………OPPOSITE PARTY. ------------- For the Petitioners : M/s. Arun, Sanjay Kumar @ S.K. and Mrs. Pratibha Srivastava, Advocates. For the State : Mr. R.P.S. Singh, Advocate. ----------- 2. 11.11.2009. Heard learned counsel for the petitioners and the learned A.P.P. for the State. The petitioners are accused in a case registered under Sections 302/34 of the Indian Penal Code. It is submitted on behalf of the petitioners that earlier different version was given by the complainant/informant, wherein he had clearly stated that his son had consumed insecticides and, thus, had died. Upon that U.D. Case was registered. The statement of the complainant/informant has been brought on record as Annexure-‘3’ to this application. Thereafter the complaint case has been filed giving altogether - 2 - different story accusing many persons including the petitioners. It is stated that co-accused Jagdish Prasad, who is on similar footing as that of the petitioners, has already been granted bail vide order dated 9.8.2007 passed in Criminal Misc. No.26284 of 2007, contained in Annexure-‘5’ to this application. It is also stated that in the aforesaid earlier statement, none of the accused persons had been named by the complainant/informant. It has further been submitted that the post-mortem report shows no external injury upon the body of the deceased, however, viscera was preserved for examination. There is no allegation upon the accused persons of giving poison etc. to the deceased. Having regard to the facts and the circumstances of the case, the petitioners, namely, (1) Dhanjit Prasad, (2) Kanhaiya Prasad and (3) Punyadeo Prasad, are directed to be released on bail on their furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the C.J.M. Saran at Chapra in connection with Taraiya P.S. Case No.77/06. P.S. (Dr. Ravi Ranjan,J)