IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32193 of 2009 1.PARMESHWAR RAUT 2.Jimdar Raut Both sons of latel Shobhit Raut 3.Binod Raut son of Bindeshwar Raut All are resident of village Chandpatti, P.S. Sursand, District Sitamarhi. Versus STATE OF BIHAR ----------- 3 13/11/2009 Heard counsel for the petitioners and counsel for State. Three petitioners face prosecution for the offence under sections 302,201/34 of the Indian Penal Code and their complicity is confined only to the suspicion raised by the Informant that they might have hand in the murder of his deceased son. Diary was earlier called for in this case and the learned counsel for the State on its perusal would submit that there are only materials to indicate that the petitioners were involved in the murder of son of the Informant, inasmuch as a threat was also given by one of the co-accused Bindeshwar to the Informant and his son (deceased) on account of earlier litigation existing between the parties. In the opinion of this Court such suspicion would have been appreciated even if it was a case of the petitioners being last seen with the deceased or their playing any role in getting the deceased dead. There is however nothing in the case diary as on date to confirm such suspicion. Specially when the counsel for the petitioners is quite emphatic that the petitioners have no criminal antecedent. That being so, the petitioners, namely, 1.Parmeshwar Raut, 2.Jimdar Raut and 3.Binod Raut, who have surrendered 2 voluntarily and are in custody since 7.7.2009, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sitamarhi in Sursand P.S.Case No.141 of 2008, subject to the verification of their criminal antecedents. It is however made clear that if the petitioners or any of them are found to be accused in any other criminal case, the person concerned shall not be released on bail by the court below. With the aforementioned observation this application is disposed of. Abhay Kumar (Mihir Kumar Jha, J.)