1 1 IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39047 of 2008 GANESH MAHTO SON OF BINDESHWAR MAHTO RESIDENT OF VILLAGE NOOR CHAPRA,P.S.MINAPUR DISTRICT MUZAFFARPUR Versus STATE OF BIHAR ----------- 2/ 1.10.2008 Heard learned counsel for the parties. The petitioner is one of the named accused of a case which has been registered for offence under Section 302/34 of the Indian Penal Code. It appears from the fardbeyan of Naresh Mahto that accused Bindeshwar Mahto has taken Rs.2,000/- as loan from the informant’s brother Nageshwar Mahto and when he asked to return the amount, the allegation is that Bindeshwar Mahto caught the informant’s brother and threw him down from the bridge and later on drowned him which proved fatal. The occurrence was witnessed by the persons whose names are mentioned in the fardbeyan. Submission is that there is only allegation against one person who is Bindeshwar Mahto and no overt act has been attributed to this petitioner. In similar 2 2 circumstances co-accused Munni Devi, Sunil Mahto and Raju Mahto have been granted bail by different orders of this court. Considering the facts and circumstances of the case, let the above petitioner 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 Sri D.M.Tripathi, Judicial Magistrate, Ist Class, Muzaffarpur in Minapur P.S.Case No. 123 of 2002. Tahir/- ( Shyam Kishore Sharma, J.)