IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.9184 of 2011 1. Hari Nandan Mahto, S/o Late Horil Mahto. 2. Ranjeet Paswan, S/o Bahadur Paswan. Versus The State of Bihar ------------ 03. 26.07.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 364/34 of the Indian Penal Code and Section 302 IPC was added. The prosecution case is that two accused persons Ghoghan Mahto and Jagnandan Tanti took away the deceased. Subsequently some witnesses stated that the petitioner was one of the persons who was taking away the deceased having tied his hands and mouth. The petitioner submits that he is not named in the First Information Report and this is a subsequent statement. Also that Ranjeet Mahto and Bhulla Mahto had been granted bail by this Court who were similarly placed. On going through the order of co-accused Ranjeet Mahto and Bhulla Mahto, I find that the same is based on the Sessions Judge order which had noted that apart from suspicion there was no material against the two accused but this was not the correct position since even those two had been seen taking away the deceased whose hands and mouth had been bound. 2 Considering the nature of allegations as also the antecedents of the petitioner, I am not inclined to grant bail to the petitioner. The prayer for bail is rejected. Vikash/- (Anjana Prakash, J.)