IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.49215 of 2008 Nathun Prasad @ Nathun Mahto Son of Janki Mahto, resident of Village- Barhi Bigha, P.S.- Wazirganj, District-Gaya . . . Petitioner. Versus The State Of Bihar. . . . . . . . Opposite Party. ----------- 2/ 19.12.2008 Heard the learned counsel for the petitioner and the State. Petitioner Nathun Prasad @ Nathun Mahto is an accused in a case instituted under Section 302/34 of the Indian Penal Code. It has been submitted by the learned advocate of the petitioner that the petitioner is not named in the F.I.R. However, during investigation his name figured and charge-sheet was submitted but the informant of this case filed a protest-cum-complaint petition stating that the police is implicating innocent persons in the case and the real accused persons are let off. He further submitted that in the said protest petition also the name of this petitioner does not figure as an accused. The said protest petition is Annexure-2 of this application. Considering the fact that the petitioner is neither named in the F.I.R. nor in the protest petition as an accused, he (Nathun Prasad @ Nathun Mahto) 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 Chief Judicial Magistrate, Gaya in Wazirganj P.S.Case No. 122 of 2008. Uday/ (Syed Md. Mahfooz Alam, J.)