IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35841 of 2009 MOTI MANJHI @ MOTI LAL CHAUDHARY son of Rajendra Chaudhary, resident of village Bara Telpa, P.S. Chapra Town, District Saran at Chapra… … Petitioner Versus THE STATE OF BIHAR.. ..OPPOSITE PARTY For the Petitioner: Mr. Nawal Kishore Singh, Advocate For the S t a t e : Mr. Atul Chandra, A.P.P. ----------- 2 26.10.2009 Heard learned counsel for the petitioner and the State. The petitioner is an accused in a case registered under section 302/34 of the Indian Penal Code. Learned counsel for the petitioner submitted that the petitioner has been named in the first information report merely on the basis of suspicion on the ground that usually the deceased son of the informant, namely, Lal Bahadur Rai, used to visit the place of the petitioner for taking intoxicant. However, apart from that, there is nothing against the petitioner. It is further submitted that the dead body of the deceased was recovered from a house under construction belonging to one Bhalu Rai, which is in front of the house of the petitioner, and only on account of suspicion he(the petitioner) has been made an accused. It is also submitted that even from the order of the learned Second Additional Sessions Judge, it also 2 appears that some suspicion has been raised against the petitioner during the course of investigation on the pretext that two other persons had love affairs with the sister of the petitioner, however, there is nothing on record to show that there had been any love affair in between the sister of the petitioner and the deceased. The petitioner is stated to be in jail custody since 30.07.2009. Learned counsel for the State submitted that the petitioner has been named in the first information report, however, the informant is not the eye-witness of the occurrence. In the facts and circumstances of the case, the petitioner, Moti Manjhi alias Motilal Chaudhary, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saran at Chapra, in Chapra Town P.S. Case No. 147 of 2009. SC ( Dr. Ravi Ranjan, J.)