IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11549 of 2011 SANJAI KUMAR GUPTA Versus THE STATE OF BIHAR with Cr.Misc. No.12377 of 2011 BIRENDRA GUPTA Versus THE STATE OF BIHAR ----------- 2 21.04.2011 Both the above stated petitions arise out of Mahesh Khunt P.S. Case No.118 of 2010 registered under Section 302/34 of the I.P.C., and accordingly, both the petition are being disposed of by this common order. Heard learned counsels appearing for the petitioners as well as learned Additional Public Prosecutor for the State assisted by learned counsel for the informant. Although, petitioners are named in the FIR, but it would appear from perusal of the fardbeyan of the informant itself that they have been made accused in this case on suspicion and the informant has not seen the actual killing of the deceased. The informant has stated only to this extent that prior to the alleged occurrence the petitioners had given threatening of dire consequences to the deceased on account of land dispute. Although, learned counsel appearing for the informant points out that when the impugned order was passed by learned Sessions Judge, the investigation was going on but admittedly, the impugned order has been 2 passed by learned Sessions Judge after two months of the institution of the FIR and admittedly, till the aforesaid date none of the person came forward to claim himself as an eye witness of the alleged occurrence. Taking into consideration the above stated facts and circumstances as well as submissions of the parties, let the petitioners, namely, (1) Sanjai Kumar Gupta and (2) Birendra Gupta 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 learned C.J.M., Khagaria in connection with above stated Mahesh Khunt P.S. Case No.118 of 2010. PN (Hemant Kumar Srivastava, J.)