IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8249 of 2009 1. Krishnadeo Singh s/o Satya Narayan Singh 2. Binod Singh s/o Satya Narayan Singh Both resident of Village-Pokhar Bhinda, P.S. Sakatpur,District-Darbhanga ---------------- Petitioners. Versus STATE OF BIHAR ----------- 2 23-04-2009 Heard Mrs. Anjana Prakash, learned Sr. counsel for petitioners, Krishnadeo Singh and Binod Singh , two of the F.I.R. named accused of Sakatpur P.S. Case no.44 of 2004, registered under Section 304/34 I.P.C. , though granted privilege of anticipatory bail by this Court till submission of chargesheet they again find themselves incarcerated on submission of chargesheet in compliance of the directions of this Court given in the said anticipatory bail application. While rejecting the prayer for regular bail the Sessions Court has referred to the differences between the inquest report and postmortem report and filing of affidavits by persons in favour of the prosecution story. The learned counsel for the informant submits that these affidavits have been filed since the investigation by the police was in collusion with the accused. Filing of affidavits and that too not by the informant to espouse the prosecution case is very much akin to forcing non-existing evidence into the case record, which is neither warranted nor the requirement of law . If the investigation had not been conducted in a proper manner, it was open for the informant to - 2 - file a protest petition which the court could have dealt with in accordance with law. The evidence of the witnesses in support of the prosecution case has appearing in paragraph nos . 17,14 and 68 of the case diary have already been considered by this Court while dealing with earlier anticipatory bail application and being satisfied therewith the petitioners had been granted conditional pre-arrest bail. Now that the chargesheet has been submitted and nothing has been shown which adds further to what had been brought on record earlier while being considered by this Court, I am of the opinion that the petitioners be enlarged on bail. In the facts and circumstances of the case, petitioners, namely,Krishnadeo Singh and Binod Singh, are directed to be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga, in connection with Sakatpur P.S. Case No.44 of 2004. NKS/- ( Abhijit Sinha, J )