IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2402 of 2010 1. RAM PUKAR SAHNI, son of Sri Mahabir Sahni 2. Ravindar Sahni, son of Sri Ram Pukar Sahni 3. Ramakant Sahni, son of Sri Mahabir Sahni 4. Sobhit Sahni, son of Sri Mahabir Sahni All residents of village Bhatgama (Dalsinghsarai), P.S. Ghatho, District Samastipur 5. Asheshwar Mahto, son of Horil Mahto, resident of village Musapur, P.S. Ghatho, District Samastipur Versus THE STATE OF BIHAR ----------- 2. 26.2.2010 Heard counsel for the petitioners and the counsel for the State. The petitioners facing prosecution for offence under sections 302/201/34 I.P.C. had their defence that not only the first U.D. case lodged at the version of the complainant- informant had contained any allegation or suspicion against them but even when later on a complaint was filed and was sent for investigation u/s 156(3) Cr.P.C. by the learned Magistrate, the police also did not find any merit in the allegations made in the complaint petition. Counsel submits that as a matter of fact even on the protest petition learned Magistrate has found no materials and had dismissed the complaint case but such order of the Magistrate dismissing the complain 2 petition, however, was later on set aside by the revisional court on 9.2.2009 in Cr. Revision No. 286/2008 whereafter now cognizance has been taken on the protest petition and summons have been issued against the petitioners to face trial. Counsel further submits that even in the complaint petition the allegations had only been confined against petitioner no.1 from whose Bari the slippers of the deceased was found while the dead body was recovered from the river and as such there being no eye witness to the occurrence and the police also having found no materials against the petitioners an accusing finger cannot be raised against the petitioners no. 2, 3, 4 and 5 about whom there is also no suspicion much less any allegation in the complaint petition. That being so, if petitioners no. 2, 3, 4 and 5, namely, Ravindar Sahni, Ramakant Sahni, Sobhit Sahni and Asheshwar Mahto, would surrender in the court of Sri A.K.Mishra, Judicial Magistrate, 1st Class, Dalsinghsarai, District Samastipur within a period of four weeks from today, they would 3 be released on bail on their furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each in Complaint Case No. 286/2008, Tr.No. 2301/2009 to his satisfaction, subject to the conditions as laid down u/s 438(2) Cr.P.C. The prayer for anticipatory bail of petitioner no.1 against whom there is a direct allegation is, however, rejected and he may now make his prayer for regular bail which will be considered on its own merit without being prejudiced by any thing the present order. (Mihir Kumar Jha,J.) Surendra/