IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34246 of 2010 MUMTAZ AKHTAR Versus STATE OF BIHAR ----------- 2 17.09.2010 Heard learned counsel for the petitioner and the State. The petitioner is languishing in jail custody since 22.07.2010 in a case registered under Sections 147, 148, 149, 324, 307, 427, of the Indian Penal Code and under Sections 25(1-b) a/26, 27 of the Arms Act and ¾ of the Explosive substance Act. The F.I.R. has been lodged against 4-5 unknown persons. Subsequently, during investigation Deepak Das and Dharmendra Kumar were arrested who confessed that petitioner hired Deepak Das, a professional killer, for commission of the offence. It is submitted by learned counsel for the petitioner that the petitioner was business partner of the deceased. In the F.I.R. no suspicion has been raised nor any independent witness has raised suspicion against this petitioner. It is further submitted that the Co-accused statement has not been recorded in 164 Cr.P.C. because actually they have not named the petitioner. Since, the petitioner name sprang up on the confession of the Co- 2 accused, let the petitioner namely, Mumtaz Akhtar 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 A.C.J.M., Danapur, Patna in connection with Rupaspur P.S. Case No. 38 of 2010. Anand Kr. (Dinesh Kumar Singh, J.)