IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1523 of 2008 DHARMA SHARMA @ MURARI SHARMA Versus STATE OF BIHAR ----------- 5. 16.5.2008 This is an application for grant of regular bail in a case under section 302 and allied sections of the Indian Penal Code, under the Arms Act and section 17 of the C.L.A. Act against 25-30 unknown miscreants. The informant Dharmendra Singh Rawani lodged a first information report alleging therein that during night time when he and his family members were sleeping in the house 25-30 miscreants variously armed entered his house and took away his brother Permendra Ram and his Sarhu Krishna Ram @ Karia Ram . On the next morning the dead bodies of Permendra Ram and Krishna Ram were found. The case was registered against unknown. Learned counsel for the petitioner submits that during the course of investigation for a period four months no witness turned up to name the petitioner. However, after four months four witnesses at paragraphs 6, 7, 8 and 9 of the supplementary case diary came forward and stated that they had seen the petitioner, his Samdhi Mahendra Sharma and some others standing out side of the house at the time of kidnapping. He submits that one of them is the wife of the informant and had the wife of the informant seen the petitioner standing outside the house at the time of kidnapping she would have very well disclosed this fact to her husband who would have named the petitioner in the very first information report. He submits that two other witnesses are inimical to the petitioner and Samdhi of the petitioner. He submits that 2 the petitioner has fasely been implicated in the case and in support of his contention he referred to the first information report, annexure-2 to the supplementary affidavit filed by Vibha Devi wife of Mahendra Prasad Rawani., who happens the Samdhi of the petitioner in which Sanjay Sharma and Manoj Sharma besides others are accused and in the present case they are witnesses. He submits that on account of this case the present petitioner and his Samdhi Mahendra Sharma have been made accused. He, therefore, submits that the petitioner be released on bail. Considering the submissions made, the petitioner, Dharma Sharma @ Murari Sharma, is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jehanabad, in connection with Karpi P.S.Case No.14 of 2007. Md.S. (Anwar Ahmad)