IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4464 of 2009 SANJEET KUMAR @ BATAHA S/O-Late Sattulal, R/O-Vill-Parew, P.S.-Bihta, Distt.-Patna. ………………………………………Petitioner. Versus THE STATE OF BIHAR …………………………………………..Opposite Party. ----------- 3/ 24.06.2009 Heard learned Counsel for the petitioner, learned Counsel for the informant and learned APP appearing on behalf of the State. The informant’s son Bittu Kumar was having love affairs with daughter of Niranjan Saw. It was not being liked. Allegation is that on account of that Niranjan Saw had threatened to kill the informant’s son. The informant’s son was eliminated by Deepak and Arbind who went to the informant’s shop and fired upon the deceased causing death. Allegation against the petitioner is that he was the alleged identifier of the deceased to the murderers. Submission is that the petitioner was having no motive at all to cause death. The motive of killing was of Niranjan Saw whose daughter was having love affairs with the informant’s son. The petitioner is mentally retarded which is apparent from his title. 2 Prayer for bail of the petitioner has been opposed by learned Counsel for the informant who has submitted that in course of investigation the mother of the deceased has stated that the petitioner was also involved in conspiracy of the alleged murder. It has also been submitted that prayer for bail of Niranjan Prasad has been refused by this Court with the liberty that he may renew his prayer for bail after framing of charge before the Sessions Judge. Considering the fact that apparently the above named petitioner does not appear to be the assailant, he is directed to 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 the learned Additional Chief Judicial Magistrate, Danapur, Patna/concerned court in connection with Bihta P.S. Case No.- 202 of 2008. kksinha/ (Shyam Kishore Sharma, J.)