IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28193 of 2011 Shiv Kumar Versus The State Of Bihar ---------------------------------- 3 15-09-2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 30-09-2011 in connection with Patrakar Nagar P.S. Case No. 209 of 2010 registered under Sections-302, 201, 120B/34 of the Indian Penal Code. The name of this petitioner came in this case in confessional statement of co-accused, Rahul Kumar. Subsequently, the petitioner and some other co-accused persons were arrested. The petitioner and other accused also confessed their guilt giving vivid picture of alleged occurrence and it is stated that on the basis of confessional statement of this petitioner and co-accused, Rajeshwar Choudhary @ Raju, the dead body of the deceased was recovered. The co-accused, Rajeshwar Choudhary @ Raju has already been granted privilege of bail by this court and apart from this, some other co-accused persons including the above said Rahul Kumar, have also been granted privilege of bail. Even if it assumed to be true that the dead body of deceased was recovered on the basis of confessional statement made by the petitioner and co-accused, Rahul, then also it is not specific as to which of the accused has disclosed about the presence of - 2 - the dead body of the deceased. Considering the aforesaid facts and circumstances as well as submissions of the parties, the petitioner, namely, Shiv Kumar 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 in connection with Patrakar Nagar P.S. Case No. 209 of 2010 to the satisfaction of Chief Judicial Magistrate, Patna. AKV/- (Hemant Kumar Srivastava,J.)