IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23301 of 2008 RAMOTAR PRASAD @ RAMAUTAR PRASAD Versus STATE OF BIHAR ----------- 03/ 21-07-2008 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant. The petitioner is an accused in a case under Sections 364, 384 read with Section 34 of the Indian Penal Code. The allegation is that 7 to 8 persons including the petitioner variously armed entered into the house of the informant and took away his grand son named Rajiv Kumar. Learned counsel submitted that during course of investigation the petitioner was arrested by the Police and thereafter by the order of S.P., Nalanda he was released from custody. He further submitted that the Police after investigation did not submit charge sheet against the petitioner rather he was shown as not sent up. He also submitted that Chief Judicial Magistrate, Nalanda disagreed with the Police report and took cognizance against the petitioner. Learned counsel submitted that investigation against the petitioner is over and he is ready to face the trial. Learned counsel for the informant, on the other hand, vehemently opposed the bail and submitted that on 3.9.2004 the statement of the victim boy was recorded by the Police in which he named the petitioner. The petitioner is thus named in the F.I.R. According to the allegation he was standing armed with rifle amongst the miscreants. The police did not submit charge sheet against him rather he was shown as not sent up. In the facts and circumstances of the case, the petitioner, namely, Ramotar Prasad @ Ramautar Prasad is directed to be released on 2 bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, F.T.C.-II, Nalanda in connection with S.T. No. 343 of 2008(Bihar P.S. Case No. 215 of 2004). S.Sb/- (Madhavendra Saran, J.)