IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31155 of 2008 MANOJ SAH @ MANOJ THATHERA, SON OF BSAULI SAH, RESIDENT OF RENTED HOUSE OF SRICHAND, PITAMBAR MANDI COLONY, P.S.- ALAMGANJ, DISTRICT- PATNA. Versus THE STATE OF BIHAR ----------- 3 20.10.2008 Heard learned counsel for the petitioner and learned counsel for the State. Case is under Sections 362, 365 and 34 of the Indian Penal Code. As per the written report of the wife of the victim, the petitioner had come to the house and had called the victim upon which he said that he is coming from outside after purchasing Biri. The case diary was called for in the case and in the case diary the statement of the son of the victim has been recorded in paragraph 29 in which he says that while come back to the house he saw his father going away with other accused persons (not this petitioner). The statements of two independent witnesses have been read by learned counsel for the State as recorded in paragraph 6 and 7 of the case diary to show that they were not sure as to whether the husband of the informant was kidnapped. Learned counsel for the State has 2 not been able to point out any other materials from the case diary indicating involvement of the petitioner in the crime. Petitioner is in custody since 23.2.2008 and it is stated that he has no criminal antecedent. In view of the weak evidence collected during the investigation against the petitioner, this application is allowed. Let petitioner, namely, Manoj Sah @ Manoj Thathera be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M., Patnacity in connection with Alamganj P.S. Case No. 49 of 2008. Arvind/ ( J. N. Singh , J. )