IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41752 of 2008 KANHAI MAHTO, SON OF BHOLA MAHTO, RESIDENT OF VILLAGE CHHATARPURA (BIND TOLI) P.S. MOKAMA DISTRICT PATNA. Versus STATE OF BIHAR ----------- 3/ 12-02-2009 Heard. Similarly situated co-accused Bachu Singh has been admitted to bail as may appear from rejection order itself in Miscellaneous Petition No. 14749 of 2007. The case has been registered under sections 363 and 365 of the Indian Penal Code on the basis of a petition of complaint and the contention is that the offence under section 363 of the I.P.C. is bailable and the further contention is that the offence under section 365 of the I.P.C. is triable by the Magistrate of Ist Class. The petitioner is in custody since 27.02.2008. Let the above named petitioner be released from custody on furnishing bond of Rs. 5,000/- with two sureties of the like amount each to the satisfaction of Judicial Magistrate Ist Class, Danapur in Danapur ( Akilpur) P.S. Case No.614 of 2006. BTiwary/ ( Dharnidhar Jha, J )