IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20117 of 2011 1. Kedar Singh, S/O-Late Jay Narayan Singh 2. Mithlesh Singh, S/O-Late Jay Narayan Singh Versus The State Of Bihar ----------- 02 14.07.2011 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State assisted by learned counsel for the informant. Petitioners are named in the first information report and it is alleged that on 13.08.2010 petitioners along with one co-accused Mithilesh Singh, S/O- Ram Narayan Singh took the deceased from his house but admittedly, on 13.08.2010 deceased returned to his home and further it is stated that in the morning of 14.08.2010, again petitioner no. 1, namely, Kedar Singh came at the house of deceased and took him from his house and subsequently, the dead body of the deceased was found in a well. Learned counsel appearing for the petitioners submits that there was civil dispute between the parties and the daughter-in- law of the informant has filed case against the informant for committing the murder of the deceased of the present case. It is also pointed out by him that prior to the alleged occurrence, the informant had filed criminal case against the deceased as well as her daughter-in- law. On the other hand, learned counsel appearing for the informant submitted that in course of investigation, some witnesses claimed to have seen the petitioners throwing the deceased into well. 2 Having heard the contention of both the parties, I went through the impugned order. It appears from perusal of the impugned order that witnesses have stated only to this extent that they had seen the petitioners in the company of the deceased prior to the alleged occurrence. Even if, it assumed that in course of investigation, some witnesses claimed to have seen the petitioners throwing the deceased in a well, then also, the aforesaid fact would have appeared in the first information report because admittedly, the first information report was lodged by the informant at the place of occurrence. Therefore, considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saran at Chapra in connection with Bheldi P.S. Case No. 83 of 2010. SHAHZAD ( Hemant Kumar Srivastava, J.)