IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31944 of 2009 BABLOO KHAN Son of Karo Khan resident of Village-Banpur, P.S. Khaira, District-Jamui. Versus THE STATE OF BIHAR ----------- 3 7/11/2009 Heard counsel for the petitioner and counsel for the State. The petitioner is facing prosecution for the offence under section 436 of the Indian Penal Code. Counsel for the petitioner would submit that not a single witness including the Informant has seen the petitioner committing any overtact of setting the house on fire. He would also submit that barring one criminal case filed by the same Informant and the same prosecution party being Complaint Case No.845-C of 2005 for the offences under sections 420, 467 and 468 of the Indian Penal Code there is no other criminal case pending against the petitioner and as such the petitioner having been implicated in this case merely on suspicion and/or enmity, deserves to be enlarged on bail. Counsel for the State, having verified the statement of the witnesses from the case diary, would submit that none has actually named the petitioner to have committed any specific overtact and it is only hunch of the prosecution party and the witnesses that the petitioner having enmity might have been the person behind gutting the house of the Informant. As there is no direct material in the case diary to link the petitioner with the alleged occurrence and the petitioner, as noted 2 above, has only one more criminal case by way of criminal antecedent and that too filed by the same prosecution party and the fact that he is in custody for a period of four months (w.e.f. 12.7.2009), this Court would direct for release of the petitioner, namely, Babloo Khan, on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jamui in Khaira P.S. Case No.25 of 2009. One of the bailer of the petitioner must be either wife or parents. It goes without saying that that if the petitioner is found absent in course of trial on two consecutive dates his bail will be liable to be cancelled. Abhay Kumar (Mihir Kumar Jha, J.)