IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36640 of 2008 SIPAHI MAHTON @ LULHA Versus THE STATE OF BIHAR ----------- 2. 29.9.2008 Heard. The petitioner is not named in the FIR, though there are quite some names figuring in it as persons, who had participated in the commission of offence. This petitioner gave his statement before a Magistrate and stated that he was taken by real culprits for identifying the house of the deceased and the petitioner complied out of fear. The contention is that it could not be an offence as the element of conspiracy of the offence or being participating to the offence is completely lacking. Let petitioner Sipahi Mahton @ Lulha be released from custody on furnishing a bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri S.N.Ram. J. M. Ist Class, Begusarai in connection with Ballia P.S. Case No. 156 of 2003. DKS/ (Dharnidhar Jha, J)