IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38764 of 2009 1. KANHAIYA PANDEY , Son of late Baiju Pandey 2. Anil Pandey, Son of Shri Ram Pandey, Both residents of village Kharauni, P.S. Behea, District Bhojpur …. Petitioners Versus STATE OF BIHAR ……… Opp. Party ----------- For the petitioner : Mr.Akhileshwar Pd. Singh, Advocate For the State : Mr. Ram Priya Sharan Singh, A.P.P. ------ 2 12.11.2009 Heard learned counsel for the petitioners and the learned A.P.P. for the State. The petitioners are accused in a case registered under Sections 341, 323, 379, 353, 364, 384/34 of the Indian Penal Code. However, it is stated that chargesheet had been submitted under Sections 341, 342, 379, 384, 353/34 of the I.P.C. and not under Section 364 of the I.P.C.. It is submitted on behalf of the petitioners that petitioner no. 1 is Ward Member and the informant is the Panchayat Sewak and due to the dispute with regard to the certain works the petitioners have been falsely implicated. Theory of kidnapping has also been dis-believed by the police 2 as no chargesheet had been submitted under Sections 364 of the I.P.C. It is also stated in the F.I.R. that the informant was forced to write something on the paper and sign the same but he has not disclosed as to what was written by him. Petitioners are stated to be of clean antecedent and are in custody since 27.7.2009. In the facts and the circumstances of the case, the petitioner, Kanhaiya Pandey and Anil Pandey are directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur at Ara in connection with Behea P.S. Case No. 129 of 2009, with a further condition that one of the bailors of the petitioner must be a close relative or family member of the petitioner. Spd/- (Dr. Ravi Ranjan, J.)