1 IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20211 of 2008 MADAN SAITHWAR Versus STATE OF BIHAR ----------- 3/ 13.8.2008 Heard learned counsel for the petitioner, learned counsel for the State as also learned counsel appearing for the informant. The informant is maternal grand father of Ravi Kumar Sahni who was a student of High School. Ravi Kumar Sahni was missing and when he did not return in the night, search was made and in course of search, his dead body was found. According to written report, 10-12 days prior to the occurrence, Shailesh Patel had assaulted Ravi Kumar Sahni and due to intervention, the matter was pacified. The informant raised suspicion that Ravi has been killed by Shailesh Patel and his associates. Submission is that during entire investigation, no one has come to say that he has seen the petitioner either going with the deceased just prior to the occurrence or committing any overt act, rather the name of the petitioner has come through his own so-called confession before the police in which he has owned his guilt. Further submission is that the election dispute was the motive of false implication of the petitioner. The petitioner has no concern with Shailesh Patel. While opposing the prayer for bail of the petitioner, learned counsel appearing for the informant has submitted that the circumstantial evidences are enough and confession of the petitioner has been 2 corroborated by the recovery of the dead body and post mortem report of the deceased. Considering the facts and circumstances of the case, let the petitioner Madan Saithwar 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, Bettiah, West Champaran in Shikarpur P.S.Case No. 277 of 2007. Tahir/- ( Shyam Kishore Sharma, J.)