IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26234 of 2009 SHANKAR SAH, son of Ram Sah, resident of vill.-Abjuganj, P.S.- Sultanganj, Distt.-Bhagalpur------------Petitioner. Versus STATE OF BIHAR . ----------- 3. 17.11.2009 Heard learned counsel for the petitioner and the state. Husband of the informant disappeared. Allegation is made that he was dead while he had gone in Baihar(Badhar) and dead body was thrown into river Ganges after cutting the same into pieces. While the defence is about dues of loan against informant’s husband who was accused in a murder case also in which process under sections 82 and 83 of the Code of Criminal Procedure was to be executed issued by the court also. According to the petitioner, only to save himself from the liability of the bank loan and appearance in murder case, this false story is developed making accusation against this petitioner without any admissible evidence of the incident that there is no eye witness in the case and reason for false implication in this case was that the petitioner was a witness in the murder case in which informant’s husband was an accused. The matter is under investigation. There is nothing to doubt that up-til-now there is no witness, as appears, to claim himself as an eye witness. Every allegation is there on the basis of suspicion only. Having regard to the facts and circumstances of the case, in the event of arrest or surrender within one month from the date of communication of this order the above named petitioner 2 shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the C.J.M., Bhagalpur, in connection with Sultanganj P.S. case no.105 of 2007 (Complaint Case No.1732 of 2007) subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. However, after submission of the chargesheet the prayer so granted to this petitioner shall be reconsidered if reliable and direct evidence even circumstantial appears to involve this petitioner in the incident. Sudip ( Mandhata Singh,J )