IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32711 of 2008 SAMBHU PRASAD SON OF LATE DASHRATH PRASAD, RESIDENT OF VILLAGE OBRA, P.S.- OBRA, DISTRICT- AURANGABAD Versus STATE OF BIHAR ----------- 2 15.10.2008 Heard learned counsels for the petitioner, State and the informant who has appeared on his own. Petitioner is an accused for the offence under section 365, 368 & 120 B of the Indian Penal Code. It has been submitted on behalf of the petitioner that the informant was the driver of this petitioner who had earlier lodged a case against the brother of the petitioner namely, Binay Prasad as per the first information report contained in Anneuxre-3 to the petition. It is further submitted that in the aforesaid case the brother of the petitioner was allowed regular bail. It is further submitted that the informant himself accepted a sum of Rs. 2000/- from Mani Kumar & Santosh Kumar who were the reporters of Sahara T.V. so that further action could be taken in this case against the brother of the petitioner and on receiving such money the informant went along with those two persons. Learned counsel further contended that police after investigation did not submit the charge sheet against this petitioner and accordingly submitted the final form, however the learned Sub Divisional Judicial Magistrate differed with the same - 2 - and took cognizance of the offence. Learned counsel appearing for the informant submits that the informant was kept confined in the room which was also supported by shop owners of the building in question. Having considered the submissions, as noticed above, and in the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner, namely, Sambhu Prasad be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Daud Nagar, Aurangabad in connection with Obra P.S.Case No. 42 of 2008 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)