IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13251 of 2009 Lal Babu Ram S/o Late Bisheshwar Ram, resident of village- Pothia Bazar, P.s.- Pothia, district- Kishanganj …… Petitioner Versus The State Of Bihar …… Opp.Party ----------- 3. 27/07/2009 Heard learned counsel for the petitioner and learned counsel for the State. Case is under section 302/34 of the Indian Penal Code. Petitioner is not named in the F.I.R. During investigation two witnesses, namely, Ganesh Kumar Sah and Sanjeet Kumar had made statement before the police that they saw the petitioner with chhura at the time of occurrence near the place of occurrence. However, from Annexure-2 and 2/A it appears that those two witnesses have sworn affidavits in the court below backing out from that statement allegedly made before the police. Case diary was called for and after going through the case diary, learned counsel for the State has not been able to point out any material connecting this petitioner with the crime. It is said that the petitioner has no criminal antecedents and no motive has also been - 2 - assigned. Petitioner is in custody since 18.12.2008. Considering the above facts and circumstances, this application is allowed. Let petitioner be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Kishanganj in Pothia Case No.195 of 2008. Pradeep/ (J. N. Singh, J.)