IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2236 of 2010 RAJ KUMAR PASWAN, son of Rameshwar Paswan, Resident of village Surungapur, P.S. Jehanabad, District Jehanabad Versus STATE OF BIHAR ----------- 2. 23.2.2010 Heard counsel for the petitioner and the counsel for the State. Considering the nature of allegation, pertaining to an offence under section 302/34 of the Indian Penal Code and that nothing beyond the suspicion is the basis for involvement of the petitioner or his wife Sushma Devi, this Court will have to also proceed from the angle that initially when a police case was filed the police did not find any material against the petitioner and a final form was submitted. Thus, when the cognizance has been taken on a protest petition it would be premature to hold that the suspicion has now turned into some conclusive evidence. That apart this Court has already granted regular bail to the wife of the petitioner vide order dated 15.12.2009 in Cr.Misc.No. 43068/2009 and therefore, as the case of the petitioner also stands on same footing it would direct for grant of anticipatory bail to the 2 petitioner. That being so, if the abovenamed petitioner surrenders before the court of Chief Judicial Magistrate, Jehanabad within a period of four weeks and satisfies the court below that he has no criminal antecedent, he would be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each in Jehanabad P.S.Case No. 331/2009 to his satisfaction, subject to the conditions as laid down u/s 438(2) Cr.P.C. (Mihir Kumar Jha,J.) Surendra/