IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39766 of 2009 ASHOK RAJAK Son of Sri Yogendra Rajak, resident of Village-Kathdand, P.S. Amarpur (Fullidumar), District-Banka. Versus STATE OF BIHAR ----------- 2 18/11/2009 Heard counsel for the petitioner and counsel for the State. The petitioner is an accused for the offence under sections 364 (A)/302/34 of the Indian Penal Code. The petitioner is not named in the First Information Report. His complicity has emerged only in course of investigation where three witnesses have suspected the petitioner to be also involved in the murder of the kidnapped son of the Informant only because the petitioner with two other persons was found to be roving around the house of the Informant two to three days prior to the occurrence. In the opinion of this Court when the petitioner has got no criminal antecedent as asserted in paragraph 11 of the bail application and there is nothing more than mere suspicion against the petitioner being involved in the occurrence, not even of being last seen with the son of the Informant, this Court would be inclined to grant bail to the petitioner and consequently the petitioner, namely, Ashok Rajak is directed to 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, Banka, District-Banka in Amarpur (Fullidumar) P.S. Case No.38 of 2009, G.R. No.207 of 2009, on the condition that one of the bailer of the petitioner must be 2 either parents or his wife. It goes without saying that the petitioner shall remain present in course of trial and his absence on two consecutive dates shall make him liable for cancellation of his bail. Abhay Kumar (Mihir Kumar Jha, J.)