IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.34423 of 2009 1. MUNNA MAHTO, S/o Kishore Mahto, 2. Dinesh Mahto, S/o Late Ram Chandra Mahto, 3. Guhan Mahto, S/o Jagat Mahto, 4. Shambhu Mahto, S/o Sarjug Mahto and 5. Balmiki Mahto, S/o Ramchandra Mahto, All are residents of Village – Singariawan, P.S. Shahjanpur, Distt. – Patna ………. Petitioners Versus THE STATE OF BIHAR ………………..…. Opposite Party. ----------- For the Petitioners:- Mr. Krishna Prasad Singh, Sr. Advocate with Mr. Nagendra Kumar Singh, Advocate. For the State:- Mr. Jitendra Kumar Singh, A.P.P. For the Informant:- Dr. Shraddhanand Paswan, Advocate. ---------- 3. 18.11.2009. Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel appearing on behalf of the informant. Petitioners have been made accused in a case registered under Sections 302, 201, 307, 326, 120(B) / 34 of the Indian Penal Code. It is submitted on behalf of the petitioners that as would be manifest from the first information report itself the petitioners have been falsely implicated in this case only on the basis of the suspicion that the petitioners had allegedly been seen by the informant fleeing away from the newly constructed Primary Health Centre wherefrom the dead body of one Munna Paswan and one Gautam Kumar, who was seriously injured, were 2 found by the informant along with the villagers. Said Gautam Kumar also died subsequently. In the statements made by the father of said Gautam Kumar it has not been disclosed that the petitioners were seen fleeing away from the said newly constructed Primary Health Centre. It is also submitted that apart from the fact that they had been seen fleeing away from the scene, there is no other direct or indirect evidence. No motive has been assigned for which the petitioners could resort to kill minor boys. Petitioners are stated to be in jail custody since 17.04.2009. Petitioners are stated to have clean antecedents. Learned counsel for the State submitted that the informant and others had seen the petitioners fleeing away from the said Primary Health Centre wherefrom the dead body of Munna Paswan and one seriously injured person, namely, Gautam Kumar, who subsequently died, were recovered. The informant is represented by his counsel. It is submitted on behalf of the informant also that the petitioners were seen fleeing away from the place of occurrence, which is the Primary Health Centre. 3 However, he could not point out any other specific legal evidence connecting the petitioners with the alleged occurrence. Having regard to the facts and circumstances of the case, the petitioners, namely, Munna Mahto, Dinesh Mahto, Guhan Mahto, Shambhu Mahto and Balmiki Mahto are directed to be released on bail on their furnishing bonds in the sums of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the A.C.J.M., Patna City, Patna in connection with Shajahanpur P.S. Case No. 08/2009. dk ( Dr. Ravi Ranjan, J. )