IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8053 of 2011 MOHIT TIWARI @ MOHIT KUMAR TIWARI Versus THE STATE OF BIHAR ----------- 03. 24.05.2011 Petitioner is languishing in custody since 12.08.2009 in a case registered under Sections 364A, 120B of the I.P.C. The accusation was that one Mohit Tiwary kidnapped the victim for ransom but later on the victim was killed. The petitioner was arrested on 11.08.2009 and on his confession a skeleton was recovered from the house of the co accused on 11.08.2009 itself when the inquest report was prepared but the skeleton was not identifiable, hence subsequently for DNA test of the skeleton the application was made before learned Court below but without the DNA test, ultimately the chargesheet was submitted under Section 302 I.P.C. It is submitted by learned senior counsel for the petitioner that there is no eye witness to the occurrence. Though Rs. 35,000/- was also recovered from the petitioner but that money was also not put on TIP. It is further submitted that the confession of the petitioner is not admissible because it led to the recovery of the skeleton which could not be established to be connected 2 with the offences alleged. It is submitted that petitioner has one more case apart from the present one in which he is on bail. Considering the aforesaid facts, let the petitioner namely Mohit Tiwari @ Mohit Kumar Tiwari, be released on bail on furnishing bail bond of Rs. 10, 000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, XI, Patna in connection with Gandhi Maidan P.S. Case No. 340 of 2008, corresponding to Sessions Trial No. 374 of 2010/375 of 2010. The consecutive three defaults made by the petitioner will give liberty to the informant to file application for cancellation of petitioner’s bail. Shageer ( Dinesh Kumar Singh, J)