IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4639 of 2010 1. ANWAR ANSARI , Son of Sarif Ansari 2. Sarif Ansari, son of Late Ali Hasan Ansari 3. Shamshad Ansari, Son of Saheb Ansari 4. Shamim Ansari, Son of Sarif Ansari All residents of village Ukhraed, P.S. Darauli, District Siwan ….. Petitioners Versus STATE OF BIHAR ……. Opposite Party ----------- For the Petitioner : M/s Abhimanyu Sharma and Bijay Prakash Singh, Advocates For the State : Mr. Uma Shankar Pd. Singh, A.P.P. ------ 3 18.03.2010 Heard learned counsel for the petitioners and the learned A.P.P. for the State. The petitioners seek bail in a case registered under Sections 364 and 201 of the Indian Penal Code and later on Section 302 of the Indian Penal Code was added. It is submitted on behalf of the petitioner that the petitioners had not been named in the first information report. Even thereafter, the informant has not disclosed the name of the petitioners during the course of investigation when her further statement was recorded. The case was supervised by the Superintendent of Police, Siwan and till then the petitioners were not named by any body. However, 2 nearly about one and half months of the occurrence it appears that a protest petition was filed alleging therein that the petitioners might have killed the son of the informant for grabbing her property. Subsequently, her statement was again recorded by the police then she had again made allegation that the petitioners might have killed her son for grabbing her property. Learned counsel submits that there is no direct or indirect evidence. The allegation that rope used in tying the victim boy was the same which was prepared by the family of the petitioners is nothing but far fetching statement as the residents of almost entire village are weavers. Learned counsel lastly submits that the petitioners after lapse of 10 – 11 months of the date of occurrence had been made accused only on the basis of suspicion. Petitioner no. 1 is in custody since 26.9.2009 and petitioner nos. 2, 3 and 4 are in custody since 9.12.2009. Learned counsel for the State submits that though the petitioner was not named earlier, however, the informant in her protest petition as 3 well as during the course of investigation at later stage had suspected that the petitioners might be involved in the occurrence. In the facts and the circumstances of the case, the petitioner, ANWAR ANSARI , SARIF ANSARI, SHAMSHAD ANSARI AND SHAMIM ANSARI, are directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Siwan in connection with Darauli P.S. Case No. 82 of 2008. Spd/- (Dr. Ravi Ranjan, J.)