IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29045 of 2011 Prakash Mahto, son of Sri Yogindra Mahto, resident of village – Dhauraha, P.S. – Bettiah Muffasil, District – West Champaran. ------- Petitioner. Versus The State of Bihar ------Opposite Party ****** 03. 17.10.2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner, apprehends his arrest in connection with Nautan (Jagdishpur) P.S. Case No. 2/2011 for offences under Sections 302/34 of the Indian Penal Code, is one of the named accused in this case with allegation of taking deceased husband of the informant with him along with other named accused to get the money taken in advance returned at about 12.00 in noon on 01.01.2011, but, thereafter deceased did not returned home. On the same day at about 7.00 P.M., informant received information of his shot dead. Submission is that except suspicion nothing emerged against the petitioner even during investigation till date. Learned Additional Public Prosecutor who is armed with carbon copy of the case diary failed to refute such submission or point out anything contrary. Considering the facts and circumstances of the case, in the event of his arrest or surrender within a period of four weeks, till conclusion of investigation, let the above-named petitioner be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, West Champaran, Bettiah, in connection with Nautan (Jagdishpur) P.S. Case No. 2/2011, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to attend the court regularly till conclusion of investigation of the case, in the event of failure on two consecutive dates, without any reasonable explanation, the privilege granted shall be deemed to be cancelled. Rajeev/- ( Akhilesh Chandra, J.)