IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19030 of 2010 MAHANTH SINGH Versus STATE OF BIHAR ----------- 2/ 26.05.2010 Heard learned counsel for the petitioner and the State. Petitioner is languishing in jail since 12.01.2010 in a case registered under sections 302, 201 and 34 of the Indian Penal Code. It is the case of the informant that two unknown dead bodies with motorcycle were found under the bridge on 01.06.2009 and the name of the petitioner sprang up in the statement of one Mintu Devi @ Guddu Devi. It is submitted by learned counsel for the petitioner that the statement of Mintu Devi @ Guddu Devi was recorded after five days of the occurrence whereas the F.I.R. was lodged against unknown. It is further submitted by learned counsel for the petitioner that the said Mintu Devi is claimed to have been residing with the deceased prior to his death. Subsequently the said Mintu Devi got her 164 Cr. P.C. statement recorded on 05.06.2009 and there she alleged the allegation of assault against Kamlesh Singh, Rupnath Singh and other friends of the deceased. She has alleged against five persons, including the petitioner that he was running at the place of occurrence at that time. - 2 - Mr. Dasarath Mehta, learned counsel for the State, has opposed the prayer for bail on the ground that the petitioner’s involvement has come in the statement of Mintu Devi. Considering the aforesaid submissions of learned counsel for the petitioner that the said Mintu Devi named the petitioner after five days of the occurrence and she has not alleged any allegation of assault against the petitioner, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur at Ara in Barhara P.S. Case No. 132 of 2009. ( Dinesh Kumar Singh, J) BTiwary/