IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20569 of 2009 OM PRAKASH, Son of late Kashi Prasad, resident of Mohalla- Dariyapur Chaitola, P.S. – Kadam Kuan, District – Patna. …. Petitioner. Versus THE STATE OF BIHAR …. Opp. Party. ----------- 03/ 10.07.2009 Heard learned counsel for the petitioner and learned counsel for the State. Case is under Sections 395, 397 of the IPC and 27 of the Arms Act and later on, Sections 412 and 216 of the IPC was added in the case. The FIR is against unknown. During investigation police got information with regard to movement of some criminals and on information house of the petitioner was raided in the morning at 4.00 a.m. During search some boys were found sleeping there. On search, looted articles were recovered from them. It is said that the boys confessed their guilt. This petitioner was the house owner and he was also arrested on the suspicion of harbouring the criminals in his house. It is submitted that the boy Daljeet Kumar is the son of brother-in-law (Sarhu) of the petitioner and since he was a closed relation he had come with his friends in the night for overnight stay in the house which was allowed by - 2 - the inmates of the house oblivious of the fact that they were involved in some crime. Learned APP, after going through the case diary, fairly submits that, except the fact that said Daljeet Kumar and his friends was allowed inside the house by the inmates of the house for spending their night, there is nothing against the petitioner to indicate that he had knowledge of the crime committed by them or he was in any way involved in the crime. He also submitted that it has indeed come during investigation that said Daljeet Kumar was closed relation of this petitioner being son of his brother-in-law (Sarhu). Learned counsel for the petitioner submits that due to the relationship, the act of the petitioner and other inmates of the house was in natural course of conduct and no presumption against the petitioner and inmates of knowledge of crime committed by them arises. Considering the fact that, except for the said act of the petitioner, which he may have done in natural course of his conduct innocently, no other incriminating material has come against him during investigation, this application is - 3 - allowed. Let petitioner Om Prakash be enlarged on bail 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, Patna in connection with Kadam Kuan P.S. Case No. 112 of 2009. DKS/ (J. N. Singh, J.)