IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.11793 of 2009 VAKIL BIND, Son of Loku Bind, resident of village Maduran, P.S. Chainpur, District – Kaimur at Bhabua. ….. Petitioner. Versus THE STATE OF BIHAR …. Opp. Party. ----------- 03/ 10.09.2009 Heard learned counsel for the petitioner and the learned A.P.P. for the State. Petitioner is in custody in connection with Chainpur P. S. Case No. 08 of 2009 which was initially registered under Section 406 and 364 of the IPC, but later on, on the recovery of body of the informant’s son, Section 302 IPC also has come to be added. First Information Report has been lodged by the informant, namely, Chaturi Sah who alleged that he is doing business of stationary in a shop and he also does the business of playing V.D.O., V.C.D., and T. V. on rent. On 12.01.2009 one Pakhandi Sah came to his shop and took the T.V., V.C.P small Hero Honda generator on rent of Rs. 7000/- for fifteen days. It is alleged that the aforesaid articles were kept on a Thella and taken away by Pakhandi Sah and even the son of the informant was taken away by Pakhandi Sah by a motorcycle. When the son of 2 the informant did not return, he enquired from Pakhandi Sah and on enquiry when he did not get satisfactory answer he lodged the present case. The body of the deceased was found a few days later. Submission of learned counsel for the petitioner is that merely because the Hero Honda generator was found in the Baithak of the petitioner, he has been charge sheeted in the case but no evidence has come during the course of investigation about complicity in murder. He has certain explanations to offer with regard to the recovery of the generator and that being so he says that the evidence is not there to pin him down with murder. Some other accused persons could be responsible in this regard. So far as the petitioner is concerned, it is only suspicion based on the recovery of the generator. With no clear evidence at this stage emerging with regard to the commission of murder, let the petitioner be enlarged on bail on furnishing bail bond of Rs.20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Kaimur at Bhabua in connection with Chainpur P.S. Case 3 No. 08 of 2009. One of the sureties will be executed by the father of the petitioner on due identification by the Court below. It is also recorded that petitioner will cooperate in the trial and do not abscond. kundan (Ajay Kumar Tripathi, J.)