IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44683 of 2008 SUDIN DAS, KISHORI DAS @ KUTUA DAS & BABLOO DAS @ MUKESH KUMAR Versus STATE OF BIHAR ----------- 3. 15.1.2009 Heard Sri Ashutosh Kumar Singh, Advocate for the petitioners, Sri D.N.Jha, Advocate for the Informant and the learned A.P.P. for the State. The three petitioners are in custody in a case under Section 302 IPC in which the father of the deceased who was the informant expressed grave suspicion against the petitioners of committing the murder of his son who had been threatened by the petitioners of being liquidated because one of the accused Gulabi Das had misbehaved with the sister of the deceased and for that there had been a Panchayati in which the man was excluded and that resulted in some other incidents as is detailed in the FIR. The contention is that except expressing suspicion in the light of the background which appears motive part of the occurrence, there was no direct material indicating the complicity of any of the three petitioners. The learned A.P.P. and the learned counsel appearing for the informant has resisted the prayer and in that connection the - 2 - learned counsel for the informant has drawn the attention of the court in paragraph 21 of the case diary which is the statement of a witness near whose house, as per the witness, the deceased and the four accused persons were sitting until late in the night and according to who the deceased and the four accused persons left the place and subsequently the dead body of the deceased was found. It is contended that the petitioners were seen last with the deceased. The contention of the learned counsel for the petitioner in response to the above is that in such a case of strong motive as alleged against them, it was not the deceased who was seen moving out with any of the four accused persons. Let the above named three petitioners be released from custody on furnishing bond of Rs.10,000/-(ten thousand)with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhagalpur in Sanhaulla P.S.Case No.44 of 2008. B.Kr. ( Dharnidhar Jha, J. )