IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25836 of 2009 AMAR NATH SRIVASTVA Son of Sri Bihari Lal Srivastava, Resident of Village-Purana Bhojpur Police Station-Dumraon (Naya Bhojpur) District-Buxar. Versus STATE OF BIHAR ----------- 2 1/9/2009 Heard counsel for the petitioner and counsel for the State. All said and done, the case remains to be one under section 414 of the Indian Penal Code and even if story of recovery is said to be correct the petitioner’s plea of innocence cannot be ruled out in this case considering that he is said to be a mental patient as is supported by the treatment chart produced by Mr. Buxi S.R.P.Sinha, counsel for the petitioner dated 4th July, 2008 showing the petitioner to be under treatment of Dr. K.P.Sharma. Considering the aforementioned aspect of the matter, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner, namely, Amar Nath Srivastava is directed to be released on bail on furnishing bail bond of Rs.10,000/- ( Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Buxar in Dumraon (Naya Bhojpur ) P.S. Case No. 94 of 2009. Abhay Kumar (Mihir Kumar Jha, J.)