IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26480 of 2008 JHULFAN SINGH Versus STATE OF BIHAR - - - - 3. 22.9.2008 Heard. The petitioner is named in the F.I.R. and is directly alleged along with others to have committed the double murder of the father and younger brother of the informant. The F.I.R. could show that the informant was the only eye witness to the occurrence who claimed concealing behind the plantain plants and subsequently reaching the scene of the occurrence and raising hulla so as to attracting the family members and others. The attention of the Court has been drawn to paragraphs 2,4 and 9 of the case diary which indicate that the police learnt about the occurrence and arrived at the place of occurrence at 7 A.M. in the next morning of the incident, i.e., on 25.4.2007 and up to 10 A.M. there was no information lodged giving any information as to who had really committed the offence. It is indicated by paragraph 9 of the case diary that the 2 villagers who had assembled on learning about the incident were also clueless and they were, as such, presurrising the police party to investigate so as to tracking down the culprits. The contention is that paragraph 9 of the case diary was recorded after 10 A.M. and, as such, it could be said that from the time of occurrence till after 10 A.M. there was no clue as to the authorship of the incident. It is contended that there is land dispute and a Title Suit pending and in order to settling the scores the petitioner and others have been implicated falsely. Regard being had to the above facts and circumstances, let the above named petitioner be directed to be released from custody on his furnishing a bond of Rs. 10,000/-( ten thousand) with two sureties of the like amount leach to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur in Bidupur P.S.Case No.126 of 2007. Kanth ( Dharnidhar Jha, J.)