IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21615 of 2008 MOHAN SAH Versus STATE OF BIHAR ----------- 4. 19.8.2008 Heard the learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in connection with Piprarhi P.S. Case No.87 of 2006 for the alleged offences registered under section 302/34 of the Indian Penal Code. It is submitted on behalf of the petitioner that the F.I.R. is against unknown. However, during investigation one Nawal Kishore Mahto confessed his guilt and said that he had, in fact, killed the deceased since the deceased had a bad eye over his wife and in the same stretch, he further said that the petitioner, who has admittedly an adjacent land to the land of said Nawal Kishore Mahto, also instigated him to commit the crime and, as such, the petitioner could not be made liable for killing the deceased as admittedly it was done so by him on account of the aforesaid reason. The learned APP on perusal of the case diary submits that Nawal Kishore Mahto has, in 2 fact, admitted his guilt and further stated that the pistol was given by one Dinesh Rai and with the said pistol, he had killed the deceased. Considering the submissions, as noticed above, it is directed that petitioner Mohan Sah, in the event of his arrest or surrender in connection with Piprarhi P.S. Case No.87 of 2006 within a period of four weeks from today, be enlarged 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 Sub-Divisional Judicial Magistrate, Sheohar at Sitamarhi, in connection with the aforesaid case, on the conditions mentioned in sub-section (2) of section 438 of the Code of Criminal Procedure. PNM (Shailesh Kumar Sinha, J.)