IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33368 of 2008 BABLOO SINGH, son of Sri Krishna Singh, resident of village- Chainpura, P.S.Warisaliganj, District-Nawada. Versus STATE OF BIHAR ----------- 4. 12.2.2009 Heard Sri Sumant Singh, Advocate for the petitioner and the learned A.P.P. for the State. The case is under Section 302 etc IPC and 27 of the Arms Act. The petitioner is not named in the FIR which contains the names of four accused persons who were accompanied alleged by 2-3 unknown names. The reason for the commission of the offence is an earlier case Annexure-2 which the accused persons wanted to be withdrawn or compromised by the informant and his brother. His brother is the deceased who was allegedly taken away by the accused persons who could not be traced out and lastly on the third day the dead body was located somewhere in the fields by some cow-herds boys. The contention is that the petitioner was figuring as an accused is Annexure-2 which case was sought to be withdrawn or compromised by the accused persons and that in the whole of the case diary there was no statement indicating even by way of suspicion that the petitioner had - 2 - any hand. However, Navin Singh all on sudden suspected to have his hand in paragraph 89 of the case diary and he was arrested and he confessed and implicated the above named petitioner. The above facts are also mentioned in the rejection order but the learned Additional Sessions Judge, Nawada as he generally does, dismissed the prayer for bail indicating that there was circumstantial evidence. Regard being had to the above facts and submissions, 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, Nawada in Warisaliganj P.S.Case No.54 of 2006. B.Kr. ( Dharnidhar Jha, J. )