IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19197 of 2010 1. SRI BALE SAO @ BALESHWAR SAO son of late Baidh Nath Prasad, 2. Ajay Sao @ Ajay Kumar son of Bale Sao @ Baleshwar Sao, residents of village Musepur, Police Station Barbigha, District Sheikhpura, … …Petitioners Versus THE STATE OF BIHAR … OPPOSITE PARTY For the Petitioners: Mr. Ajay Kumar Thakur, Advocate Mrs. Babita Kumari, Advocate For the State : Mr. U.S.P. Singh, APP ----------- 3 17.06.2010 Heard learned counsel for the petitioners and the State. Petitioners apprehend their arrest in a case registered for offences punishable under section 364 of the Indian Penal Code. It is submitted on behalf of the petitioners that petitioner no. 1 is named in the first information report, whereas petitioner no. 2, who happens to be the son of petitioner no.1, is not named in the first information report. As per the allegation set up in the first information report, petitioner no. 1 was one of the persons, who had kidnapped the husband of the informant, however, kidnapped person came back and his statement was recorded under section 164 of the Code of Criminal Procedure and he 2 had not disclosed the name of petitioner no. 1 as the kidnapper. However, he had stated that after he was brought to the house of Urbashi Manjhi, he overheard two persons, who were talking amongst themselves taking the names of petitioner nos. 1 and 2. It is further submitted that the police after investigation submitted chargesheet against accused Mannu Choudhary and others exonerating petitioner nos. 1 and 2. However, cognizance has been taken against petitioner nos. 1 and 2 also. Learned counsel also submits that co- accused Mannu Choudhary, against whom chargesheet had been submitted, has been granted anticipatory bail by a Bench of this Court vide order dated 05.10.2007 in Cr. Misc. No. 36751 of 2007. It is lastly submitted that the petitioners have falsely been implicated in this case for the reason that petitioner no. 1 had contested the election of Mukhia against the husband of the informant and had lost by only three votes and the election suit is pending. Having considered the facts and circumstances of the case, let the petitioners, Sri Bale Sao alias Baleshwar Sao and Ajay Sao alias Ajay Kumar, in the event of arrest or surrender by them within four weeks, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with 3 two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sheikhpura, in connection with Barbigha Police Station Case No. 38/07, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. SC ( Dr. Ravi Ranjan, J.)