IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38622 of 2010 SANJAY DAS, SON OF LATE RAM DAS Versus STATE OF BIHAR ----------- 04 20.01.2011 Heard learned counsel for the petitioner as well as learned P.P. for the State. Petitioner seeks his bail in connection with Matihani P.S. Case No. 58 of 2010 initially, registered under Sections 364/34 of the Indian Penal Code and subsequently, converted into Sections 302, 201/34 and 120B of the Indian Penal Code. Petitioner is not named in the First Information Report. During course of investigation, it came to light that deceased along with First Information Report named accused and some other persons had gone to a Muth where petitioner was Mahant. The statement of petitioner and some other persons were recorded and the petitioner specifically stated that it was First Information Report named accused and some other persons, who committed the murder of the deceased and thereafter they concealed the dead body of the deceased in the house of one criminal. On the basis of the aforesaid disclosure of the petitioner, the dead body of the deceased was recovered. Even if the confessional statement of the petitioner assumes to be true, then also, only Section 201 of the Indian Penal code is applicable against the petitioner. Considering the aforesaid facts and circumstances as well as submissions of the parties, particularly, keeping in mind that petitioner does not have any criminal antecedent above named petitioner is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai in connection with above stated Matihani P.S. Case No. 58 of 2010. Shahzad (Hemant Kumar Srivastava, J )