IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.14469 OF 2011 ASHOK MAHTO @ ASHOK PRASAD, SON OF KAPILDEO MAHTO, RESIDENT OF VILLAGE BALUHI TOLA BISHUNPURA, POLICE STATION JAGDISHPUR (NAUTAN), DISTRICT WEST CHAMPARAN VERSUS THE STATE OF BIHAR ****** 2 02/06/2011 Heard Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioner is an accused in a case under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act. In connection with the case, he is in custody since 01.01.2011. There is no eye-witness to the alleged occurrence and the case is based on circumstantial evidence. The deceased had borrowed money from one Prakash Mahto and it is said that this petitioner along with Prakash Mahto and one other had taken the deceased along with them in the afternoon. In the evening, the body was recovered with a gun shot injury. Learned Counsel for the petitioner submits that the petitioner had no enmity with the deceased and except suspicion, there is no material to connect the petitioner with the alleged occurrence. Besides which, the father of the petitioner had filed an informatory petition against the deceased. It is submitted that the deceased 2 had enmity with several other persons and any one of them would have been responsible for the occurrence. Be that as it may, the above named petitioner is directed to be released on bail in connection with Nautan (Jagdishpur) P.S. Case No. 2 of 2011 on furnishing bail bonds of rupees ten thousand with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, West Champaran at Bettiah. SANJAY ( Sheema Ali Khan, J. )