IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.14866 of 2011 Laxmi Mahto, Son of Late Suraj Mahto, Resident of Village Gorhwa, P.S. Motihari (Muffasil), District East Champaran. -------Petitioner Versus The State Of Bihar -----Opposite Party ----------------- For the Petitioner :- Mr. Ansul, Advocate. For the State :- Mr. Anuj Kumar Shrivastva, A.P.P. ------------------ 03/- 17/10/2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary. The petitioner apprehending his arrest in connection with a case registered for the offence punishable under Sections 302, 120-B, 34 of the Indian Penal Code, is one of the named accused in this case. Submission is that on mere suspicion that he has some illicit relationship with wife of the deceased and at her instance might have killed the deceased. Further, submission is that except suspicion, there is absolutely nothing against the petitioner through out in the investigation. Learned Additional Public Prosecutor, who is armed with carbon copy of the case diary up to paragraph – 24 dated 21.02.2011 could not refute such submissions. Considering the facts and circumstances of the case, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, East Champaran at Motihari, in connection with Muffasil P.S. Case No. 59 of 2010, subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to remain physically present before the court below till disposal of the case, in case of failure on two consecutive dates, without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)