IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41703 of 2010 Bigan Kumar Mahato, son of Sri Ramrit Mahato, resident of village- Rajjiganj, P.S. Kodha, District-Katihar. ……….Petitioner. Versus STATE OF BIHAR ….. Opposite party. ----------- 02/ 22.12.2010 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is an accused for offences punishable under Sections 364-A, 302, 201/34 of the Indian Penal Code. Learned counsel for the petitioner submits that neither the petitioner was named in the F.I.R, nor any incriminating article has been recovered from his possession, rather he has been implicated only on two grounds, the first being that the main accused person had named the petitioner to be his associate in hiding the dead body and secondly that E.M.I. number of his mobile was the same which was used in informing the father of the deceased regarding kidnapping of the deceased. He further submits that the statement of the co-accused is highly unreliable and absolutely false. He also avers that although allegation is that E.M.I. number was the same but the SIM card number of the mobile was completely different. He further contends that petitioner is a regular and serious student of B.A. Part (II) and has got no criminal antecedent and has been falsely implicated in this case due to which he is in custody since 06.06.2010 seriously hampering his studies. Considering the aforesaid facts and circumstances of - 2 - this case, this petition for bail is allowed. Let petitioner Bigan Kumar Mahato 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 Chief Judicial Magistrate, Katihar in connection with Barari P. S. Case No.66 of 2010. Sunil (S. N. Hussain, J.)