IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24275 of 2008 MANI SINGH @ MANIBHUSHAN SINGH @ MANNA SINGH Versus STATE OF BIHAR - - - - 3. 20.8.2008 Heard. The case is under Section 364(A) and 302 of the Indian Penal Code. The petitioner is not named in the F.I.R. In the confessional statement of Ram Pravesh Singh the name of the petitioner appeared as one of the persons who abducted the deceased. There was a submission before the learned Sessions Judge that the deceased was kept in the house of this petitioner. The learned Sessions Judge has not utilized that fact for dismissing the prayer but the learned Additional Public Prosecutor submitted that the submission raised before the court below was completely out of the police record. The learned Sessions Judge has simply referred to the submission of the Additional Public Prosecutor showing the involvement of the petitioner in abducting and killing of the deceased. This also does not appear borne out from the record. The offence might be serious, it is 2 definitely a very tragic that a man was abducted and killed and that would not be the solitary and only ground to refuse the prayer for bail. There could not be any material justifying the order. Unfortunate is the position of judicial realm that the Judges are not referring to the material while passing the arbitrary orders of rejection. Under the above facts as also considering the fair submission of the learned Additional Public Prosecutor, let the above named petitioner be directed to be released from custody on his furnishing a bond of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Samastipur in Samastipur (Muffasil) P.S.Case No.541 of 2005. Kanth ( Dharnidhar Jha, J.)