IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39756 of 2009 Surendra Das, Son of Kalicharan Das, Resident of Village Manibigha, P.S. Atari, District Gaya. --------- Petitioner Versus The State of Bihar -------- Opp. Party ----------- 2 18.11.2009 Heard counsel for the petitioner and counsel for the State. The petitioner faces prosecution for an offence under Section 302/34 and other allied offences of the Indian Penal Code. The petitioner is not named in the First Information Report and his complicity has in fact emerged on the basis of an alleged statement under Section 164 of the Code of Criminal Procedure of the wife of the deceased, wherein, she has named the petitioner that too not in court but in her further statement to the police after recording of the statement under Section 164 of the Code of Criminal Procedure that the petitioner had visited her house for making enquiry about her husband on at least three times on the fateful day her husband had gone to Patna probably for making a complaint as with regard to the non-payment of his salary, for which allotment had been received by way of release of 2 fund in the school from the authorities. It is thus suspected that this petitioner being the Headmaster of the school was annoyed with the deceased and had planned to get him murdered for swallowing the huge arrear of salary of the deceased. In the opinion of this Court even the allegation of planning the murder by the petitioner does not get any further corroboration in the case diary and specially when it is found that the petitioner was not the Headmaster as alleged in the statement under Section 164 of the Code of Criminal Procedure, it would be difficult for this Court for the present to hold that the petitioner had any motive to kill the deceased. It is also not a case of the prosecution that the petitioner was last seen with the deceased. That being so, this Court would direct for release of the petitioner only if the petitioner has got no criminal antecedent. In other words, if the petitioner has been made accused in any other criminal case, the petitioner for the time being will not be released on bail and in that event, he would be only at liberty to renew his prayer for bail after completing his judicial 3 custody for a period of one year. On the contrary, if there is no criminal antecedent of the petitioner, namely, Surendra Das, he will 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 Chief Judicial Magistrate, Gaya in connection with Gaya Kotwali P.S. Case No. 212 of 2009. It is, however, made clear that one of the bailors must be either of the parents or wife of the petitioner. Rsh (Mihir Kumar Jha, J.)