IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46654 of 2008 KRISHNATH SAH @ KISHNATH SAH S/O RAJKUMAR SAH R/O VILL. DILAWARPUR, P.S. KESARIA, DIST. EAST CHAMPARAN. ----- PETITIONER Versus STATE OF BIHAR --- OPP. PARTY. ----------- For the petitioner: Mr. Rajesh Ranjan no.1,Advocate. For the State: Mr. A.M.P. Mehta, APP. 03. 20.04.2009 Heard both sides. The sole petitioner seeks anticipatory bail in a case instituted under Sections 302, 201/34 and 394 of the Penal Code. A dead body was seen and recovered. Accordingly the local ‘chowkidar’ lodged an F.I.R. obviously against unknown. In course of investigation one suspect, namely, Hari Kishore Sah was arrested on 17.09.2007 who is said to have made a confessional statement before the police in which he implicates himself along with three others. Admittedly, the name of the petitioner does not figure in the said confessional statement. In his such statement, Hari Kishore Sah is said to have further stated that in order to save himself he got the cycle of the deceased kept in the house of the present petitioner who is related to him. On the basis of his statement, the cycle was allegedly recovered from the house of the petitioner. Learned counsel for the petitioner states that except this there is nothing on record to incriminate the petitioner in the offence. 2 Learned counsel for the State after looking to the case diary accepts this position. In the facts and circumstances of the case, this court is inclined to extend him the privilege of anticipatory bail. In the event of his arrest or surrender within a period of four weeks from today before the court below, above named petitioner is directed 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 Chief Judicial Magistrate, Motihari, in connection with Kalyanpur P.S. Case No. 74 of 2007, subject to the conditions as laid down under Section 438(2) of the Code of the Criminal Procedure. Sym/ (Kishore K. Mandal, J.)