IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9566 of 2009 JEEBACH MAHTO,son of Shiv Nandan Mahto, resident of village-Lalpur,P.S.-Rosera, District-Samastipur. Versus STATE OF BIHAR ----------- 02/ 15-04-2009 Heard learned counsel for the petitioner and the State. Submission of the learned counsel for the petitioner is that 150-200 persons were alleged for killing three showing petitioner’s presence also was reported. According to the learned counsel, no doubt, three persons were killed by the villagers finding their involvement in kidnapping. But petitioner has no hand in killing. Relying the same final form was submitted showing petitioner innocent, while charge sheet has been submitted against four, who are facing trial. A separate cognizance order has been passed for the petitioner. In the case in which four co- accused persons are facing trial, ten witnesses are examined not even naming petitioner’s presence. So, his arrest cannot be justified at the moment. I agree with the submission. In case of arrest or surrender within one month from today in Rosera P.S.Case No.97 of 2006, the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Rosera (District-Samastipur), subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )