IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28485 of 2010 1.MD.AZIZ Son of Ali Hasan, 2. Md. Kamruddin, son of Eid Mohammad, Both residents of village Bhagwanpur, Police Station Rajnagar, District Madhubani … … Petitioner Versus THE STATE OF BIHAR… .. OPPOSITE PARTY For the Petitioner: Mr. Nilesh Kumar For the State : Mr. Rajendra Nath Jha, APP ----------- 4 09.12.2010 Perused the report kept at Flag X. An affidavit has been filed on behalf of the State with explanation that the Superintendent of Police could not swear affidavit as he was on medical leave, and, thus, the same has been sworn by the Sub-Divisional Police Officer, Madhubani. In the facts and circumstances mentioned in this affidavit, the same is accepted. It is stated in the aforesaid affidavit that the informant and the Investigating Officer have now been examined and as such all of the prosecution witnesses already stand examined. Heard learned counsel for the petitioners and the State. Petitioners seek bail in a case registered for offences under Sections 302/34 of the Indian Penal Code. 2 Petitioners’ prayer for bail has earlier been rejected vide order dated 10.12.2009 passed by this Court in Criminal Miscellaneous No. 33746 of 2009. Learned counsel for the petitioners submitted that altogether a different story surfaced during the course of investigation and the pointer of suspicion thereafter indicates towards involvement of brother-in-law of the deceased namely Md. Tahir. However, in view of the fact that prosecution witnesses have already been examined and in view of the allegation that has been set up in the First Information Report indicating the petitioners to be assailant of the deceased, this Court is not inclined to grant bail to this petitioners. This application is, accordingly, dismissed. However, in the facts and circumstances of the case, it is expected from the court concerned to conclude the hearing and pronounce judgment expeditiously. SC /Sanjay-II (Dr. Ravi Ranjan, J.)