IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27593 of 2008 RAJESH SAH Versus STATE OF BIHAR ----------- 3. 5.9.2008 Heard. The petitioner is named in the FIR as amongst seven accused who were initially suspected who have killed the son of the informant who had gone for purchasing shoes to Bettiah. The petitioner was the person who had accompanied the deceased to Bettiah and the deceased had also informed his father by phone about his going to Bettiah for purchasing his shoes. Subsequently, his dead body was found far away from Bettiah at Sugauli and there were trampling of wheat plants showing that there had been some struggle by the deceased while being assaulted. The contention is that the motive for the occurrence being the pendency of anti- encroachment proceedings against some persons who also later figured as accused in the case and being related to any of them could not be acceptable as regards the complicity of this petitioner because he had no concern with the encroachment. The second contention was that - 2 - there was absolutely no material except being last seen that too in very initial stage of the offence and the material so far collected does not raise the presumption above the level of suspicion. The learned A.P.P. has read to me the case diary. Regard being had to the facts of the case and the contentions, let the above named petitioner be released from custody on furnishing bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah, West Champaran in Majhaulia P.S.Case no.46 of 2008. B.Kr. ( Dharnidhar Jha, J. )