IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.3572 of 2010 1. FAIZUDDIN son of Late Buniad Ali 2. Equaramul Haque son of Naimuddin Versus THE STATE OF BIHAR 3/ 04.05.2010 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in a case registered for the offence under Sections 364, 302, 379, 120 (B) / 34 of the Indian Penal Code. Learned counsel for the petitioners submits that both accused persons and complainant and his brother had gone to the cattle fair for sale and purchase of cattle. Learned counsel submits that Faizuddin was caught hold while selling the cattle to the brother of the complainant on low price, which was objected by the fair owner. Learned counsel further submits that Faizuddin was selling his own cattle. Learned counsel submits that apart from this, there is no allegation that the petitioners were either seen returning with the informant’s brother. Thus, learned counsel submits that the implication is based on mere suspicion. Having regard to the facts and circumstances of the case, in the event of arrest or surrender within six weeks from today before the court below in connection with Pranpur P.S. Case No. 147 of 2008, above named petitioners shall be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand)each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Katihar, subject to the - 2 - conditions as laid down under Section 438(2) of the Code of Criminal Procedure with the condition that they will not physically absent for two consecutive dates at stretch till three witnesses examined. Uday/ (Samarendra Pratap Singh, J.)