Patna High Court Cr.Misc. No.13563 of 2011 (3) dt.26-08-2011 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13563 of 2011 ====================================================== 1. Dular Dom 2. Baban Dom @ Sogram Dom .... .... Petitioners Versus The State of Bihar .... .... Opposite Party ====================================================== 3 26-08-2011 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the state. Petitioners are in jail custody since 29.10.2009 in a case registered under Sections 302, 307, 380, 457 and 34 of the Indian Penal Code. Petitioners are not named in the first information report nor anything has been recovered from the conscious possession. From perusal of the record, it appears that the alleged occurrence took place in the night of 23/24.06.2009 and subsequently petitioners were arrested and they were put on Test Identification Parade along with one co-accused Kamlesh Dom on 10.11.2009 i.e. after five months of the alleged occurrence. It is stated that one witness, namely, Raju Kumar @ Golu Kumar who happens to be the son of the deceased claimed to have identified the petitioners and others including the above stated Kamlesh Dom. It is contended by learned counsel for the Patna High Court Cr.Misc. No.13563 of 2011 (3) dt.26-08-2011 petitioner that at the time of alleged occurrence the aforesaid Kamlesh Dom was in jail custody in connection with another case so the claim of aforesaid witness Raju Kumar @ Golu Kumar becomes doubtful and having considered the aforesaid facts this Court has already been granted bail to co-accused Ramashish Dom @ Ramashish Dome vide order dated 19.07.2011 passed in Cr. Misc. No. 12427 of 2011. Taking into consideration the aforesaid facts and circumstances of the case as well as submission of the parties, let the petitioners, namely, Dular Dom and Baban Dom @ Sogram Dom be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) each with two sureties of the like amount each in connection with S.T. No. 364 of 2009 arising out of Gopalpur P.S. Case No. 53 of 2009 to the satisfaction of the learned Additional Session Judge- VIII, Patna. Bhardwaj/- (Hemant Kumar Srivastava, J)