IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31154 of 2011 1.Deo Nandan Sah son of late Babulal Sah 2.Ratan Kumar Sah son of late Babu Lal Sah 3.Dilip Kumar Sah son of late Babu Lal Sah 4.Srikant Sah son of late Santosh Sah 5.Rajendra Sah son of late Sipahi Sah Petitioner nos.1, 2, 3 and 4 are resident of village- Teliari, P.S.-Bhawanipur,District- Purnia, petitioner no.5 is resident of Makandpur, P.S.-Gopalpur, District-Bhagalpur. Versus The State of Bihar ----------- 2. 14.9.2011. Heard learned counsel for petitioners and learned counsel for the State. It is stated that the case was initially filed as a complaint which was referred to the police for institution of first information report. Accordingly, a case under section 364/120B of the Indian Penal Code was registered on 16.3.1997 against altogether nine accused persons. The police investigated the case and after completing part of the investigation submitted first charge-sheet bearing no. 41 of 2003 on 20.2.2003 against co-accused Pankaj Kumar Yadav and kept the investigation pending as against remaining eight accused persons. Thereafter, investigating officer submitted second charge-sheet against co-accused Awadhesh Kumar Sah. Subsequently, on 31.10.2007 the investigating officer submitted final report against remaining seven accused persons including the five petitioners. The learned Magistrate differing with the police report has taken cognizance of the offence by his order dated 30.8.2010. It is submitted on behalf of the petitioners that nothing cogent would transpire as against the petitioners in course of 2 investigation. Taking into consideration the facts that the police on investigation had submitted final report as against the petitioners and cognizance has been taken after thirteen years of the occurrence, let the petitioners, namely, 1.Deo Nandan Sah, 2.Ratan Kumar Sah, 3.Dilip Kumar Sah, 4.Srikant Sah and 5.Rajendra Sah in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/communication of the order be released on bail on furnishing bail bonds of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Purnea in connection with K. Hat P.S. Case No129 of 1997 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Md.S. ( Ashwani Kumar Singh, J.)