IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33818 of 2008 KRISHNA MAHTO S/O-Late Chattu Mahto, R/O-Mohalla-Sheikh Mohammadpur, P.S.-Khusrupur, Distt.-Patna. ………………………………………..Petitioner. Versus STATE OF BIHAR ----------- 4/ 14.11.2008 Heard learned Counsel for the petitioner, learned Counsel for the informant and learned Counsel appearing on behalf of the State. Initially a case was registered under Sections 364/34 of the Indian Penal Code against Ram Nandan Mahto in which it is alleged that his villager Ram Nandan Mahto has kidnapped the informant’s elder brother Beni Mahto. It appears that in course of investigation the dead body of the informant’s elder brother was recovered. Submission is that Ram Nandan Mahto who is named accused of this case has been granted bail by this Court on 04.07.2008 vide Cr. Misc. No. 7946 of 2008. Another accused Ram Sakal Paswan has also been enlarged on bail on 18.06.2008 vide Cr. Misc. No. 5671 of 2008. The petitioner is not named in the First Information Report, his name has come in the investigation along with the name of Ram Sakal Paswan. Prayer for bail has been opposed by learned Counsel for the informant who has submitted that the petitioner has suppressed the material facts and the accused persons have been granted bail who were absconded. It has been submitted that the absconded accused have - 2 - surrendered and they have been released by the Court below itself. Considering the facts and circumstances of the case, the petitioner Krishna Mahto is ordered 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 Additional Chief Judicial Magistrate, Patna City in connection with Khusrupur P.S. Case No. 102/2007. kksinha/ (Shyam Kishore Sharma, J.)