IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18456 of 2010 1.BHAGESHWAR TIWARI son of Brahmdeo Tiwari, r/o village Madhubani Ghat, P.S. Madhubani Ghat, P.S. Muffasil, Dist. East Champaran ………petitioner. Versus STATE OF BIHAR opp. Party. ----------- 4 12.08.2010 Heard the parties. In a criminal prosecution registered under section 302 of the Indian Penal Code, this petitioner and his son Manish Tiwari are alleged to have assaulted the deceased by lathi and subsequently they are alleged to have thrown him in a well as a result of which subsequently he is said to have died. Learned counsel for the petitioner submits that during the course of investigation it transpired that the deceased was in a drunken condition and he fell in the well by his own. On close of investigation police has submitted charge sheet under section 306 of the Indian Penal Code. The prosecution case under section 302 of the Indian Penal Code was found not supported by the independent witnesses. The petitioner is said to be in judicial custody since 26.2.2010. In the aforesaid facts and circumstances the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Chief Judicial Magistrate, Motihari, East Champaran in connection with Muffasil P.S. Case no. 168 of 2009. ( Birendra Prasad Verma, J. ) M.Rahman