IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40525 of 2011 Mahendra Rai, S/O-Singheshwar Rai Versus The State Of Bihar ---------------------------------- 02 12.12.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State assisted by learned counsel for the informant. Petitioner is not named in the first information report but it appears from perusal of the impugned order that the name of this petitioner came in Paragraph Nos. 11, 12, 13, 23 and 24 of the case diary. Learned counsel for the petitioner submits that having similar allegation, co-accused Harednra Rai has already been granted privilege of bail by another Bench of this Court vide order dated 09.04.2009 passed in Cr. Misc. No. 52187 of 2008. It is further submitted by him that in course of investigation the mother of the deceased disclosed the name of the petitioner and other accused on the basis of so-called statement made by the deceased prior to his death. It is further submitted by him that had the deceased disclosed the name of the petitioner and other accused, they would have certainly been named in the first information report. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount 2 each to the satisfaction of Sri Umesh Kumar Sharma, Judicial Magistrate, Muzaffarpur West in connection with Motipur P.S. Case No. 159 of 2007. SHAHZAD ( Hemant Kumar Srivastava, J.)