IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30585 of 2009 SURESH PRASAD SINGH @ SURESH SINGH sonof Ram Avtar Singh, resident of village Badiya, P.S. Bhagwanpur, District Begusarai… …Petitioner Versus THE STATE OF BIHAR ...OPPOSITE PARTY For the Petitioner : M/s A.K. Thakur and Amit Kumar, Advocates For the S t a t e : Mr. R.P.S. Singh, A.P.P. ----------- 3 05.11.2009 Heard learned counsel for the petitioner and the State. The petitioner is an accused in a case registered under section 302/34 of the Indian Penal Code. It is submitted on behalf of the petitioner that he has not been named in the first information report and one co-accused Nirmala Devi, who is stated to be having illicit relationship with her brother-in-law, has implicated the petitioner on the basis of her confessional statement before the police, which has got no evidentiary value. It is stated that the aforesaid Nirmala Devi had another paramour, i.e., the co-accused Suresh Sahani, whose name also appears in the first information report and she might have taken the name of the petitioner before the police in order to save Suresh Sahani. However, except that confessional statement and suspicion, there is nothing 2 against the petitioner. The aforesaid Nirmala Devi, who, according to her alleged confessional statement, had actively participated in the alleged killing, has been granted bail by this Court vide order dated 29.07.2008 in Criminal Miscellaneous No. 25595 of 2008 by a bench of this Court. The petitioner is stated to be in jail custody since 02.06.2009. Having regard to the facts and circumstances of the case, I direct the petitioner, Suresh Prasad Singh @ Suresh Singh, 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 the Additional Chief Judicial Magistrate, Samastipur, in Dalsingsarai Police Station Case No. 38/08. SC ( Dr. Ravi Ranjan, J.)