IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43269 of 2009 MANOJ KUMAR DAS, SON OF BRAHAMDEO DAS, R/O VILLAGE BHITHI, P.S. SABOUR, DISTT.BHAGALPUR. Versus THE STATE OF BIHAR with Cr.Misc. No.42824 of 2009 SUBHASH CHANDRA DAS @ SUBHASH DAS S/O LATE RAM KISHUN DAS @ LATE BHALLAW DAS R/O VILLAGE JAGATPUR, P.S. BANKA, DISTRICT BANKA. Versus STATE OF BIHAR with Cr.Misc. No.40841 of 2009 BRAHAMDEO DAS, SON OF SAGO DAS @ SADHU HARIJAN, RESIDENT OF VILLAGE BHITTHI, P.S. SABOUR, DISTRICT BHAGALPUR. Versus STATE OF BIHAR ----------- 4. 24.2.2010. Heard Mr. Sanjay Kumar Jha, Mr. Anil Chandra and Mr. Mritunjay Prasad Singh-2, learned counsel for the petitioners, Mr. Anirudh Mishra, learned counsel for the informant and learned counsel for the State. All the three petitioners are in jail in connection with Banka P.S. Case No.244 of 2009 registered under Sections 302, 201, 34 of the Indian Penal Code. The present case is a case in which son of informant was murdered and even nephew of the informant, who is Subhash Chandra Das, has been made accused in the case. Earlier case diary was called for and same has been received. Learned - 2 - Additional Public Prosecutor is not in a position to satisfy the court that any one had seen the occurrence. Learned counsel for the informant submits that there was no reason for the informant to implicate his own nephew. He submits that petitioners, conspiring with each other, had committed offence. In this case, dead body was found near railway line and in the morning, fardbeyan was recorded and thereafter case was investigated. It appears that the case is based on circumstantial evidence and in such circumstances, it is not advisable to keep the accused persons behind bars without any trial. Accordingly, all the three petitioners above named are directed to be released on bail on their furnishing bond of Rs.10,000/- (ten thousand)each with two sureties of the like amount each to the satisfaction of C.J.M., Banka in Banka P.S. Case No.244 of 2009 with a condition that they will appear before the court below on each and every date, failing which their bail bond shall stand automatically cancelled - 3 - N.H./ provided that in special exigency the petitioners can file a petition before the court below for their prior permission for absence on a particular date which may be considered by the court on its own merit. With above observation and direction, all the three petitions are allowed. ( Rakesh Kumar,J.)