IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30840 of 2011 Baleshwar Prasad, son of Late Nageshwar Prasad, resident of village-Simaria, P.O. & P.S.-Revelganj, District-Saran (Bihar). Versus The State of Bihar ----------- 3. 22.11.2011 . Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case registered under sections 406, 387, and 506/34 of the Indian Penal Code. It is alleged that the petitioner got a case instituted through constable Krishna Yadav against younger brother of the informant. The said case being Kazi Mohammadpur P.S. Case No. 255 of 2010 dated 13.12.2010 related to the murder of one Rohit @ Chikku Kumar. The informant alleged that on 13.12.2010 when his brother Manish Kumar was taken into police custody with two mobile sets, one Ray-Ban spectacles, Rs. 9, 700/- in cash and a chain made of gold weighing about 50 gms recovered and seized from possession of the said Manish Kumar. No seizure list was prepared in this regard. When the informant came to know from his brother regarding alleged seizure, he demanded the aforesaid articles back from the petitioner. The petitioner gave assurance to return the articles so seized but did not return the same to the informant. It has also been alleged that the informant was being threatened by the petitioner and some other persons for demanding back the articles taken away by the petitioner. It is submitted that entire allegations are false. All the articles which were seized were entered into in the seizure list. The petitioner, being Investigating Officer of several case, did his duty sincerely. In some Md.S. of the cases, he did not pay heed to the dictates of some Officers who wanted to derail the investigation and thus, they became hostile to the petitioner and got him implicated in false and frivolus cases. The petitioner is said to be in custody since 21.5.2011. The investigation by now has already been completed. He is still in service. Considering the facts and circumstances of the case, the petitioner is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur in connection with Mithanpura P.S. Case No. 102 of 2011. (Ashwani Kumar Singh)