IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43609 of 2008 1. ASHOK MANJHI @ SONU KUMAR MANJHI 2. BRAJESH YADAV @ BINOD YADAV ….. PETITIONERS Versus THE STATE OF BIHAR …… OPP. PARTY ----------- 2. 18.11.2008 Heard Md. Nurul Hoda, Advocate for the petitioner and Sri D. Mehta, APP for the State. The story of the prosecution is that two accused persons shadowing the informant and subsequently relieving of his cash and other belongings like cellular phone sets. It is true that the petitioners were caught at the spot as per the story and there is recovery of some arms, but curiously enough neither the recovery is of any cellular phones or any part of the cash. The contention is that, in fact, nothing had happened in the manner as alleged and it was a frame up by the police for justifying the arrest of the petitioners. So much so that the incident took place on 3.6.2008, but the FIR of the case was sent to the nearest Magistrate on 6.6.2008. The distance of the place of occurrence and the P.O. being two kms. Regard being had to the fact that there was no recovery, in spite of the arrest of the petitioners in the - 2 - manner, of any theft property and also the belated receipt of the FIR, let petitioners Ashok Manjhi @ Sonu Kumar Manjhi and Brajesh Yadav @ Binod Yadav be released from custody on furnishing a bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Banka in connection with Bounsi P.S. Case No. 65 of 2008. DKS/ (Dharnidhar Jha, J.)