IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.24531 OF 2009 BABLOO MAHTO, SON OF UMESH MAHTO, RESIDENT OF VILLAGE BASUYEN, P.S. CHABILAPUR, DISTRICT NALANDA VERSUS STATE OF BIHAR ----------- 4. 13.11.2009 Heard learned counsel for the petitioner and learned counsel for the State. The case is under Sections 379 and 302 of the Indian Penal Code. Learned counsel for the petitioner submits that the fact that petitioner himself had come to inform the informant that her husband was lying in the field and accompanied her up-to the field, creates doubt about suspicion raised against petitioner of having committed the crime. The first information report shows that the deceased was in such intoxicated condition that petitioner was asked by Suresh Baba to take him home which petitioner tried to do. Only on that account suspicion is being raised against him. Except the said circumstance, no material appears in the case diary to cast further doubt with regard to his complicity in the crime. Petitioner is in custody since 3.11.2007. - 2 - Considering the above facts and circumstances and period of incarceration of petitioner, this application is allowed. Let petitioner (Babloo Mahto) be enlarged 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 Additional Sessions Judge, F.T.C. No. IV, Nalanda at Biharsharif in Sessions Trial No.770 of 2007 arising out of Silao (Rajgir) P.S. Case No.426 of 2006 with conditions as laid down in sub-section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioner. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest. B.T (J.N. Singh, J.)