IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32572 of 2009 MANOJ KUMAR RAM @ MANOJ RAM, son of Tapeshwar Ram, resident of village Nagina Tola, P.O. Mohiuddinpur, P.s. Fatuha, District Patna Versus STATE OF BIHAR ----------- 3. 5.11.2009 Heard counsel for the petitioner and the counsel for the State. True it is that the petitioner alongwith four others has been made accused for offence u/ss 302, 364, 120B/34 of the Indian Penal Code on an allegation that they had done to death one Kapil Ram but then from the version of the informant it becomes clear that he is not an eye witness. In fact the police in course of investigation has also examined a large number of persons including the wife of the deceased but none of them have even claimed to have seen the petitioner with the deceased and all of them have only named the petitioner on suspicion arising out of previous enmity, wherein the petitioner and his family members had deposed against the deceased in a murder case of one Sidheshwar Ram. Such suspicion in fact of the role played by the petitioner in the alleged occurrence either in the first part of abduction or during the 2 deceased being done to death does not get any corroboration from any source in course of investigation and therefore, this Court would direct for release of the petitioner on bail subject to his furnishing bail bond by either his mother or his son or wife and also by imposing a condition that the petitioner, without fail shall remain present in course of trial and his absence on two consecutive dates in such trial will make him liable for cancellation of bail. Subject to the aforementioned conditions, the abovenamed petitioner is directed to be released on bail on his furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Addl. Chief Judicial Magistrate, Patna City, Patna in Fatuha P.S.Case No. 12/2009. (Mihir Kumar Jha,J.) Surendra/