IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22549 of 2011 Satish Kumar @ Satish Kumar Sao Versus The State Of Bihar With Cr.Misc.No. 9836 of 2011 Mahesh Sah Versus The State of Bihar ---------------------------------- 3 28.9.2011 Heard learned counsel for the parties. Witnesses are there to state that five miscreants on two Motorcycles came across the son of the informant, shot him dead and left the place after leaving their Motorcycle. For petitioner namely Satish Kumar @ Satish Kumar Sao of Cr.Misc.No. 22549 of 2011, it is submitted that his Motorcycle was recovered from near the place of occurrence but in the earlier night same was stolen by some miscreants and when he went to inform the same to Lakhisarai Police Station, he was arrested by the Police finding his involvement in the present case. Incident took place at 9-10 AM, F.I.R. was lodged at 3.00 PM on 22.9.2010, thereafter only Police should come in action. After such an interval if explanation is given that petitioner had gone to inform the Police about 2 missing of Motorcycle may not be accepted rather can go against him that only to create a defence that was done by petitioner otherwise also statement of a witness in paragraph 11 of the case diary is there that petitioner was seen in the morning on his Motorcycle along with others on another Motorcycle also who were five in number. So the material collected by the I.O. against petitioner does not justify to allow him on bail. Hence, prayer for bail on behalf of petitioner namely Satish Kumar @ Satish Kumar Sao is rejected. As about petitioner namely Mahesh Sao of Cr.Misc.No. 9836 of 2011, he was in custody since 24.1.2006 in another case and submission of learned counsel for the petitioner is that material is lacking that he was found involved in conspiring the incident. He was remanded in this case on 6.10.2010. Only making an allegation about being a member of gang, refusal of petitioner’s bail is not justified. Hence, prayer for is allowed. The petitioner namely Mahesh Sao of Cr.Misc.No. 9836 of 2011 is directed to be released on bail on furnishing bail bond of Rs. 3 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jamui in Khaira P.S. Case No. 216 of 2010. AI ( Mandhata Singh, J.)