IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21616 of 2010 AMIR CHAND GIRI SON OF LATE SATYA NARAIN GIRI, RESIDENT OF VILLAGE RAMPUR MATHAIA, P.S. MARHAWRA, DISTRICT SARAN --- PETITIONER. Versus THE STATE OF BIHAR--- OPP. PARTY. ----------- 2/ 14-07-2010 Heard the parties. The petitioner apprehends his arrest in a case instituted for offence under section 302/34 of the Indian Penal Code. According to the F.I.R. vide Annexure-1, the petitioner and co-accused Tapeshwar Giri are alleged to have taken the deceased Ganesh Rai to the Narhapur Bazar for payment of his wages but he did not return thereafter and his dead body was found on the next day. It is submitted that even according to the prosecution case the petitioner and co-accused Tapeshwar Giri are alleged to be the last persons, seen in the company of the deceased. There is no eye witness of actual occurrence of murder. The entire prosecution case against the petitioner and co-accused Tapeshwar Giri is based on suspicion and surmises. Furthermore, co-accused Tapeshwar Giri with almost similar and identical allegation with that of the petitioner has already been granted anticipatory bail by a Bench of this Court by order dated 26.05.2010 passed in Cr. Misc. No. 10324 of 2010. It is also submitted that there was absolutely no motive for the petitioner to commit the crime in question. 2 In the aforesaid facts and circumstances of the case, in the event of his arrest or surrender in the court below within a period of four weeks from today, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction C.J.M., Saran in connection with Marhowrah P.S. Case No. 157 of 2009, subject to conditions as laid down under section 438 (2) of the Cr. P.C. BTiwary ( Birendra Prasad Verma, J)