IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33496 of 2009 1.MANGARU RAJAK 2.Somaru Rajak Both 1 and 2 are sons of Shobhnath Rajak 3.Chhabinath Rajak 4.Akhilesh Rajak 5.Kanhaiya Rajak All 3 to 5 are sons of Late Jagannath Rajak. All are 1 to 5 resident of village Gehuan p.S.Chand District Kaimur (Bhabua). Versus STATE OF BIHAR ----------- 3 13/11/2009 Heard counsel for the petitioners and counsel for the State. The petitioners are accused for the offence under section 302 of the Indian Penal Code. Though the petitioners are not named in the First Information Report their implication by the Informant is said to have been made only after almost two months of lodging the First Information Report and that too by suggesting that the petitioners were roaming around the place from where dead body of the deceased Nandu Sharma was recovered. Counsel for the petitioner would submit that even this part of the improvement of the prosecution story would not be acceptable, inasmuch as, the Informant himself in the Ferdbayan forming the basis of F.I.R. had not disclosed name of any person even by way of suspicion in the occurrence as alleged and had also repeated the same in his further statement before the police immediately after recording the First Information report having without naming the petitioners. Thus the learned counsel would also submit that veracity and correctness of such belated statement of the Informant would not 2 inspire any confidence. He would also explain that barring this case and the counter case the petitioners have got no criminal antecedent. The diary was called for in this case and from the case diary it would transpire that the names of petitioners has only emerged in course of investigation after almost 45 days of recording the First Information Report and that too by way of mere suspicion. There is nothing in the case diary to show that the petitioners had played any role in the occurrence. Admittedly parties are on litigating terms and therefore if the Informant had named the petitioners after 45 days, they would be definitely entitled to be enlarged on bail. That being so, this Court would direct for release of the petitioners, namely, 1.Mangaru Rajak, 2.Somaru Rajak, 3.Chhabinath Rajak, 4.Akhilesh Rajak and 5.Kanhaiya Rajak, on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Fast Track Court-I, Kaimur at Bhabua in Sessions Trial No.207/20 of 2009, arising out of Chand P.S. Case No. 10 of 2009, subject to the condition that one of the bailer of the petitioners must be their either of the parents, son or wife. Abhay Kumar (Mihir Kumar Jha, J.)