IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35849 of 2008 1. BHOLA SINGH S/o- Late Siya Singh 2. Ramanand Singh S/o- Late Siya Singh 3. Mani Lal Singh S/o- Ram Jatan Singh All are resident of Village – Lodipur, P.S. & District – Sheikhpura Versus STATE OF BIHAR ----------- 2. 20.11.2008 Heard learned counsel for the petitioner and the State. Petitioners are accused in a case registered for the offences under sections 147, 148, 149 and 364/34 of the Indian Penal Code. It is submitted that the present case arising out of complaint filed by the informant alleging that the nephew of the complainant was kidnapped in which the complicity of the petitioners are there. He further submits that as a matter of fact, the present case was filed since the earlier criminal case vide Sheikhpura P.S. Case No. 72 of 2005, against the alleged kidnapping of Pankaj Kumar, these petitioners were the witnesses and as such, they have been implicated in this case. It is further submitted that police after investigation found the allegation is incorrect and accordingly submitted a final form against the petitioners and also recommended for - 2 - prosecution of the informant under Sections 182 and 211 of the Indian Penal Code. The final form was accepted. However, on the protest petition filed by the informant the cognizance has been taken against the petitioners. Learned counsel for the State is not in a position to refute the submissions made on behalf of the petitioners that the police after investigation submitted a final form. Having considered the submissions, as noticed above, and in the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioners, named above be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sheikhpura in connection with Complaint Case No. 315-C of 2006 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Jagdish/- (Shailesh Kumar Sinha,J)