IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.54868 of 2007 BHAIYA RAM RAJWAR Versus STATE OF BIHAR ----------- 5/ 29.08.2008 Heard learned Counsel for the petitioner and learned Counsel appearing on behalf of the State. Though the case was registered under Sections 364, 302, 201, 120B and 34 of the Indian Penal Code but it appears that charge sheet has been submitted under Section 364 of the Indian Penal Code and not 302 of the Indian Penal Code. Allegation is that the informant’s brother was kidnapped. The informant suspected that the petitioners might have been killed his brother and the dead body was made to disappear. Submission is that the major portion of the First Information Report has been disbelieved as factum of the murder has not been accepted as yet. The petitioners are in custody since 18.03.2006. It appears that not a single witness has been examined as yet. Considering the period of detention of the petitioner, Bhaiya Ram Rajwar is ordered 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 Chief Judicial Magistrate, Rohtas at Sasaram in connection with Sasaram Tilathu P.S. Case No. 135/2006. kksinha/ (Shyam Kishore Sharma, J.)