IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6146 of 2009 SUMAN MAHTO @ SUMAN JI, SON OF Radhamohan Mahto, resident of village- Bhawanipur, P.S. Barari, District- Katihar. Versus STATE OF BIHAR ----------- 2. 15.5.2009 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner prays for anticipatory bail in a case under Section 364 of the Indian Penal Code. It is submitted by learned counsel for the petitioner that the petitioner was not named in the first information report and subsequently on the basis of the confessional statement of co-accused Bhutka Mahto, he has been made an accused in the case. It is pointed out that co-accused Bhutka Mahto alias Pagla Singh and Ram Awtar Singh were tried in Sessions Trial No. 527/2004 and they have been acquitted of the charges levelled against them under Section 364 of the Indian Penal Code. It is submitted that the petitioner has been roped in on the confessional statement of co-accused Bhutka Singh, which has no evidenciary value and he has himself been acquitted by the court below and, therefore, there is no material against the petitioner on the basis of which he can be convicted. On a consideration of the aforesaid facts and circumstances, it is directed that the petitioner ( Suman Mahto alias Suman Ji ) in the event of his arrest or surrender in the Court below within a period of four weeks from today shall be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar in 2 connection with Manihari P.S. Case No. 10 of 2004, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. VPS ( Ramesh Kumar Datta,J.)