IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11100 of 2010 MANTU KUMAR @ LANGRA Versus STATE OF BIHAR ----------- 3/ 24.05.2010 Heard learned counsel for the petitioner and the State. Petitioner is languishing in jail in a case instituted under sections 364, 302/34 of the Indian Penal Code. It is submitted by learned counsel for the petitioner that against the petitioner not even suspicion has been raised in the F.I.R. rather suspicion has been raised against one Naresh Mahto, who is brother of the petitioner but after six months of the lodging of the F.I.R. the subsequent statement of the informant was recorded in which the suspicion has been raised against the petitioner also of throwing something in the field in the night of the date of occurrence. From perusal of the impugned order it appears that even before the learned court below the prosecution has accepted this fact that there is no direct evidence against the petitioner and there is only circumstantial evidence. The aforesaid submission of the learned counsel for the petitioner has not been controverted by the learned counsel for the State also. - 2 - In the background of the aforesaid fact that there is no direct allegation against the petitioner, who is languishing in jail since 06.01.2010, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in Suryagarha P.S. Case No. 353 of 2008 ( G.R. No. 1268 of 2008). ( Dinesh Kumar Singh, J ) BTiwary/