IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8196 of 2008 AJEET KUMAR MISHRA Versus THE STATE OF BIHAR ---------- 2 07.05.2008 Heard learned counsel for the petitioner and learned counsel for the State. Case is under sections 302/201/34 of the Indian Penal Code. Case of the prosecution is that son of the informant, namely, Rajiv kumar had gone to Laufa Chowk and thereafter he did not return. On the next day his dead body was found by the side of the road. Statement of this petitioner has been recorded under section 164 Cr.P.C. before a Magistrate, a copy whereof is annexed as Annexure-2 to the application. From 164 Cr.P.C. statement it appears that one Subodh, the deceased and this petitioner had gone together and had taken liquor at various places. Thereafter, one Rudal and Subodh strangulated the deceased and threw his body in the field. They asked this petitioner to keep quite and thus he did not disclose about the incident earlier. Later on, this petitioner got his statement recorded under Section 164 Cr. P.C. specifically disclosing that Rudal and Subodh had strangulated the deceased. - 2 - Learned counsel for the petitioner has produced a copy of the order dated 19.02.2008 passed in Cr.Misc.No. 46854 of 2007 and 47040 of 2007 from which it appears that the said Subodh and Rudal have been granted bail by this Court. Specific stand was taken by learned counsel for the petitioners in those two cases that 164 Cr.P.C. statement of this petitioner was not admissible in evidence. It is said that petitioner is in custody since 25.07.2007. Be that as it may, since the persons who have been specifically alleged to have strangulated the deceased have been granted bail by this court, the application of this petitioner is allowed. Let petitioner Ajeet Kumar Mishra be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Jhanjharpur, Madhubani in Madhepur(Lakhanaur) P.S. Case No. 174 of 2007. Arvind/ (J. N. Singh, J.)