IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15767 of 2010 VISHWANATH PASWAN SON OF DASAI PASWAN, RESIDENT OF VILLAGE BARARI, P.S.BAJPATTI, DISTRICT SITAMARHI. Versus THE STATE OF BIHAR ----------- 4/ 11-08-2010 Heard the parties. In a criminal prosecution registered under section 302/201, 436 and 427/34 of the Indian Penal Code, the petitioner and six other persons have been arrayed in the category of accused on suspicion that they are responsible for getting the father of the informant burnt to death in the shop of the informant. It is submitted that entire prosecution case against the petitioner is based on suspicion and surmises and on close of investigation the police submitted final report dated 13.03.2010 (Annexure-2) and accusation against the petitioner beside others was found to be false. However, learned Magistrate disagreed with the police report and has taken cognizance against the petitioner, who is said to be in judicial custody since 16.12.2009. Learned Additional Public Prosecutor, after going through the case diary, has not pointed out that anybody claims to be the eye witness of the alleged occurrence. In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties 2 of the like amount each to the satisfaction of S.D.J.M., Pupari in Bajpatti P.S. Case No. 133 of 2009. BTiwary ( Birendra Prasad Verma, J)