IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39059 of 2008 1. ANIL GIRI @ ANIL KUMAR GIRI 2. SUNIL GIRI @ SUNIL KUMAR GIRI Both are sons of Shree Hridaya Narain Giri R/o- Village – Oriadih, P.S.- Ramgarh District – Kaimur (Bhabhua) Versus STATE OF BIHAR ----------- 2. 04.12.2008 Heard the parties. Petitioners are accused in a case registered for the offences under sections 395 and 455 of the Indian Penal Code. It has been submitted on behalf of the petitioner that the petitioners are implicated in this case on mere suspicion since the informant as well as the accused persons are related to each other. It is further submitted that police after investigation, no evidence was found against these petitioners as such, submitted final report without charge sheeting the petitioners. However, on protest petition, case was registered and cognizance has been taken against these petitioners. Learned counsel for the Complainant submits that police did not investigate the case properly and as such, failed to collect the evidence against these petitioners. Learned counsel for the State opposes the - 2 - prayer for bail and submits that although petitioners have been made accused. However, final form was submitted against them and thereupon the present complaint has been lodged and cognizance has been taken against these petitioners. Having considered the submissions, as noticed above, and in the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner, above named, 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 Judicial Magistrate Ist Class, Kaimur at Bhabhua in connection with Complaint Case No. 23 of 2008 corresponding to Tr. No. 2336 of 2008 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Jagdish/- (Shailesh Kumar Sinha,J)