IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3553 of 2010 RADHE SAH Versus STATE OF BIHAR ----------- 05. 23.06.2010 Heard learned counsel for the petitioner and the State. Petitioner is languishing in jail since 04.05.2009 in a case registered under Sections 302, 120B/34 I.P.C. It is submitted by learned counsel for the petitioner that the dead body was recovered on the basis of the information of a Sub-Inspector but there is no eye witness to the occurrence and only on suspicion petitioner has been roped in the present case as it is alleged that the petitioner has illicit relation with the wife of the victim. It is further submitted that other accused persons including Rajendra Sah and Lakhan Mandal who have also been alleged to have taken away the victim have been granted bail, orders are annexed as Annexure-3 series. It is submitted by learned counsel for the informant that the son of the deceased in his statement has stated that the victim’s wife had illicit relation with the petitioner which was being objected by the victim upon which threats were being given by the victim wife as well as by this petitioner and on the date of occurrence the petitioner along with the 12 other persons took the victim from the house. 2 Moreover petitioner has criminal antecedent. Learned counsel for the petitioner has submitted that the victim son is aged about 12 years, moreover similarly situated accused persons who alleged to have taken away the victim have been granted bail. A supplementary affidavit has been filed by the petitioner in which it has been mentioned that besides the present case petitioner has been roped in two other cases on mere suspicion. Considering the fact that there is no direct evidence against the petitioner and only on the basis of circumstantial evidence charge sheet has been submitted against the petitioner moreover the other F.I.R. named accused persons have already been granted bail, let the petitioner namely Radhe Sah be enlarged on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, Ist Class, Jhanjharpur at Madhubani in connection with Laukahi P.S. Case No. 87 of 2008, G.R. No. 629 of 2008. It is made clear that if the petitioner fails to appear on three consecutive dates during trial or gets involved in any further serious case then the learned Trial Court will be at liberty to cancel the bail bond of the petitioner. Shageer (Dinesh Kumar Singh, J.)