IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15348 of 2010 1. PAPPU SAH , S/O Kapildeo Sah., 2. RAMAKANT SAH, S/O Kapildeo Sah, 3. RAJESH SAH, S/O Kapildeo sah , 4. RAJENDRA SAH, S/O Late Deo Sharan Sah, All R/O Vill. Bishambharpur, Tola Belwa, P.S. Bettiah Muffasil, Distt. West Champaran. ……………. Petitioners Versus THE STATE OF BIHAR………………..OPP. Party ----------- 3. 25.06.2010 Heard learned counsel for the petitioners and the State. The petitioner no. 1 is languishing in jail since 5.3.2007, whereas petitioner nos. 2, 3 and 4 are languishing in jail since 16.2.2010 in a case registered under Section 364 of the Indian Penal Code and later on Sections 302, 201 and 34 of the Indian Penal Code was added. In the F.I.R., it is alleged that the four named accused persons have kidnapped the brother of the informant as a result of which the case was registered under Section 364 I.P.C. and then subsequently under Sections 302, 201 and 34 of the I.P.C. was added. It is submitted by learned counsel for the petitioners that the petitioners have been falsely 2 implicated because the animals of the petitioners destroyed the cauliflower crop of the informant for which the petitioner side had to pay Rs. 1,000/- as compensation, hence due to this enmity on suspicion the petitioners have been involved in the present case. Moreover the occurrence has taken place on 09.11.2009 whereas the F.I.R. has been registered on 15.11.2009. It is further submitted that during course of investigation no eye witness Statement has been recorded rather the evidence has come to the effect that the petitioners have been falsely implicated due to old enmity. Learned counsel for the informant submits that though the informant’s brother got traceless on 09.11.2009 but subsequently petition was given to the police station and to the S.P. and ultimately this F.I.R. was registered on 15.11.2009. This contention of the informant does not get corroborated from the averments in the F.I.R. Learned counsel for the State admits that there is no eye 3 witness to the occurrence and the suspicion has been raised against the petitioners by the informant side but there are at least two witnesses who have stated during investigation that due to the old enmity, the petitioners have been implicated. In Para 10 of the petition, petitioners have stated that they have absolutely clean antecedent. Considering the delayed lodging of the F.I.R. having no direct evidence against the petitioners and due to old enmity between the parties, let the petitioners above named be released on bail in connection with Bettiah Muf. P.S. Case No. 292 of 2009 on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah, West Champaran. Praveen (Dinesh Kumar Singh,J.)