IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.8406 of 2009 ***** 1. Nagendra Singh Chandrabanshi @ Ghurahu Kahar, S/o Gaya Sinha @ Gaya Chandrabanshi, R/o village-Khairahi, P.S. Nakha (Baghaila) Distt.- Rohtas. 2. Kameshwar Ram @ Rajesh @ Ramesh @ Baidha, S/o Dularchanda Ram R/o Barkayaon, P.S. Nokha, District-Rohtas. …. …. Petitioners Versus The State of Bihar …. …. Opposite party ----------- 2. 7.7.2009. Heard learned counsel appearing for the petitioners and learned A.P.P. for the State. Petitioners are in custody since 17.6.2008 and 28.8.2008 respectively in relation to Nokha P.S. Case No.15/2008 under several substantive sections including 302 of the Indian Penal Code and Section 27 of the Arms Act. Contention of the learned counsel appearing for the petitioner is that these two petitioners are not named in the F.I.R. by the informant, who is supposed to be the only eyewitness for the said crime. The name of the petitioners did not even figure in the informatory petition filed by the informant in the Court of Chief Judicial Magistrate. It is only on the so-called statement made by a witness that these petitioners were also seen in the village on the date of crime they had been made accused in the present case and thereafter remanded to the judicial custody. Contention is that in view of the kind of evidence the chances of false implication for many a reason cannot be ruled out at this stage. Keeping the above circumstances in mind and the kind of evidence which has come against the petitioners, let the petitioners, namely, Nagendra Singh Chandrabanshi @ Ghurahu Kahar and - 2 - Kameshwar Ram @ Rajesh @ Ramesh @ Baidha, be enlarged on bail on their furnishing bail bond in the sum of Rs.20,000/- each with two sureties in the like amount each to the satisfaction of Addl. Sessions Judge (F.T.C.-IV), Rohtas at Sasaram in connection with Nokha P.S. Case No.15/08 corresponding to Tr. No.528/08 with a direction that petitioners shall appear on each and every date fixed by the trial Court and shall cooperate in trial or else the Court below will have the freedom to pass appropriate orders taking away the privilege of bail. Pawan/- (Ajay Kumar Tripathi, J.)