IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41209 of 2009 KRISHNATH SAH @ KISHNATH SAH Versus STATE OF BIHAR ----------- 02/ 07-12-2009 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is an accused in Kalyanpur P.S. Case No. 74 of 2007 for offences punishable under Sections 302, 201/34 and 394 of the Indian Penal Code. Substance of allegation as set out in the F.I.R. is that a dead body was recovered by the informant Chaukidar having injury on his person. The name of this petitioner has transpired during the course of investigation on the basis of confessional statement made by one of the co-accused, namely, Hari Kishore Sah. Learned counsel appearing on behalf of the petitioner submits that in fact this Court considering the nature of allegation had granted him anticipatory bail vide order dated 20.4.2009 passed in Criminal Misc. No. 46654 of 2008 (Annexure-1). He submits that by reason of some unavoidable reasons the petitioner could not surrender in terms of the order as contained in Annexure-1 and for which a modification application had been filed for extension of time but the same was refused by order dated 19.8.2009 (Annexure-2), requiring the petitioner to surrender and seek regular bail. Learned counsel further submits that save and except the confessional statement made by the said Hari Kishore Sah, no other material has come against the - 2 - petitioner. It is further submitted that the petitioner has no criminal antecedent. Having regard to the facts and circumstances set forth, let petitioner Krishnath Sah @ Kishnath Sah 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 Judicial Magistrate Ist Class, Motihari, East Champaran in connection with Kalyanpur P.S. Case No. 74 of 2007. S.Sb/- (Jyoti Saran, J.)