IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31331 of 2010 MITHU SAH @ ABINASH KUMAR SAH Versus STATE OF BIHAR with Cr.Misc. No.37860 of 2010 KALIYA MISHRA @ SURESH MISHRA Versus STATE OF BIHAR ----------- 3. 11.10.10. Learned counsel for the petitioners is permitted to make necessary corrections in prayer portion of the petition. Heard learned counsels of the petitioners and the State. The petitioners are languishing in custody since 01.05.2010 and 24.02.2010 respectively in a case registered under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act. The informant came to know that a rickshaw puller has been killed and the F.I.R. was registered against unknown. Subsequently, on confession of co-accused, the petitioners’ name sprang up. Mr. Shashtri, learned counsel for the State, submits that in paragraphs no.21 and 22 of the case diary, the accused persons have named these petitioners. It is further submitted that Rahul sodi who named the petitioners has been granted bail 2 vide Cr. Misc. No. 15785 of 2010. Mr. Shashtri submits that paragraph no. 48 of the case diary contains the statement of hear say witness. Considering the aforesaid submissions, let the petitioners, namely, Mithu Sah @ Abinash Kumar Sah and Kaliya Mishra @ Suresh Mishra be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bhagalpur in connection with Bhagalpur Kotwali P.S. Case No. 42 of 2010. U.K. (Dinesh Kumar Singh,J.)