IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26985 of 2008 AKHILESH RAI Versus STATE OF BIHAR - - - - 3. 11.9.2008 Heard learned Senior counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor. Three accused persons initially are alleged to have caught hold of the brother of the informant and two persons not named are further alleged to have ran away also to catch the informant. The informant ran away. It is alleged that when he came back he found that the accused were retreating and that his brother was breathing and when he was attempted to be picked up he breathed his last. I have personally gone through the case diary and I do not find any support from any one. The two ladies of the family who could be also, on their won, the eye witnesses, there is no person coming out to say that in fact the man was murdered by the petitioner or by any accused named in the F.I.R. The land dispute is there and on that account the 2 occurrence is alleged to have been committed by the petitioner. The other defence is that the deceased was murdered by somebody else in the dead of the night and when the dead body was seen on account of land dispute with the petitioner, the accused persons were implicated. Regard being had to the facts and the material collected in the case diary, 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, Saran at Chapra, in Sonepur p.S.Case No.273 of 2007. Kanth ( Dharnidhar Jha, J.)