IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4800 of 2009 RAMJEE SHARMA, Son of Sri Bhikhari Sharma @ Ram Updesh Sharma, Resident of Village- Rasalpur, P.S.- Alipur, District- Gaya. ----- Petitioner. Versus STATE OF BIHAR ----- Opposite Party. ----------- 2 25.3.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the informant. This is the second attempt for grant of bail on behalf of one Ramjee Sharma who is in custody since 24.9.2007 in a case under Section 364 and other Sections of the Indian Penal Code. While referring to the occurrence and the surrounding circumstances, this Court has taken into account the fact that Rajeshwari Kumar who was allegedly kidnapped has not been traced although the two other persons kidnapped along with him returned back. It does not appear that this is a case where the kidnapping was made for ransom, rather, it is a case where there was clash between two groups belonging to two different villages which took place in the morning in the month of December. Learned counsel emphasizes that the entire genesis and manner of occurrence is 2 doubtful and also emphasizes on the fact that the First Information Report with respect to the disappearance of Rajeshwari Kumar has been lodged after a period of two days for which there is no explanation keeping in view of the fact that immediately after the occurrence the police had arrived on the spot and investigation of the case commenced. Be that as it may, petitioner Ramjee Sharma is directed to be released on bail on or after 1st of June, 2009 in connection with Sessions Trial No. 160 of 2008 arising out of Alipur P.S. Case No. 01 of 2007 on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge, F.T.C. V, Gaya. Sanjay (Sheema Ali Khan, J.)