IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.57283 of 2007 HARIOM RAI Versus STATE OF BIHAR ----------- 3 13.5.2008 Heard. This is a case under Section 364/34 of the IPC. Learned counsel for the petitioner submitted that the petitioner is not named in the FIR as per persons taking away the victim Pradeep. There is nothing in the case diary against the petitioner save and except the two confessional statements of the co- accused, in which it has only come that the petitioner was sitting with the other conspirators of the case and became happy after arrival of the victim. In the confessional statements of a co-accused Bimlesh Kumar appears to be mainly responsible who allegedly informed the other co-accused making confessions that the said Pradeep has been done to death and his dead body was buried in ground. So, apart from the fact that the petitioner was sitting with the criminals and became happy on arrival of the victim, there is nothing else against him in the case diary. He further contended that the main accused as appeared from the confessional statements has already been allowed bail vide Cr. Misc. No.36137 of 2007 and the case of the petitioner stands on much better footing. Considering the above submissions, petitioner Hariom Rai 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 - 2 - the satisfaction of Chief Judicial Magistrate, Samastipur in connection with Samastipur Town P.S. Case No. 209 of 2007. DKS/ (Rekha Kumari,J)