IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25170 of 2008 MIKU SINGH S/o. Upendra Singh, R/o. village Dharupur, P.S. Bikramganj, District- Rohtas. ------- Petitioner. Versus STATE OF BIHAR----- O.P. ----------- 3 16.10.2008 The case is under Sections 364, 302/34, 379 & 307 of the I.P.C. The informant alleged that he learned that his brother Munna Singh (deceased) driver of Jeep and Vinod Kumar Singh the cleaner of the Jeep had been kidnapped by some persons who were stating that the ornaments of their family members who were traveling in Jeep had been stolen by them and that those persons took them away on the jeep and badly assaulted and thereafter Vinod Kumar Singh the cleaner of the Jeep drove the Jeep to hospital, where they were treated but in course of treatment the deceased died. Learned counsel submits that the informant is not an eyewitness and he has given hearsay account of the occurrence. Learned counsel refers to the statement of the cleaner Vinod Kumar Singh (Annexure-2) as recorded under Section 164 Cr.P.C. and points out that he had not 2 named the petitioner amongst the assailants. Learned counsel continues to submit that the informant has stated that he had learnt about the complicity of the petitioner and others with the offence of assault on the deceased and cleaner but there is no eyewitness to the occurrence. The petitioner is said to be in custody since 10.12.2007. Mr. S.R. Haque, the learned Addl.P.P. does not point out any other material against the petitioner. In the facts and circumstances, the petitioner namely, Miku Singh is admitted to bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Bikramganj, Rohtas at Sasaram in connection with Karakat P.S. Case No.174 of 2007. Mkr. (C.M. Prasad, J.)