IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9618 of 2009 1. MD.JAWAHAR @ MD.JAWAHIR, son of Md. Tinkouri 2. Tinkouri, son of late Sk. Surat Ali 3. Md. Hiroo @ Afsar Alam, son of Md. Tinkkouri All residents of village-Rampur Kharhara, P.S.Kahalgaon(Rasalpur), Distt.- Bhagalpur----------------------------------------------------------------Petitioners. Versus STATE OF BIHAR ----------- 2. 16.4.2009 Heard learned counsel for the petitioners and the State. Though prayer for bail is opposed by the learned counsel for the informant without any notice but I find no substance in his submission. Learned counsel did not point out the merit of the case rather insisted on for the case diary while submission of the learned counsel for the petitioners was that there was enmity in between the parties. Earlier cases are pending, kidnapping was alleged and casting suspicion on petitioners even then they were not arrayed in the column of the accused. Informant’s husband himself returned to his house and gave some statement under section 164 of the Code of Criminal Procedure involving petitioners but not justifying any demand or the intention to kill. So, I find it not a fit case in which petitioners arrest can be justified. Accordingly, in the event of arrest or surrender within one month from today in Kahalgaon P.S. case no.450 of 2008, the above named petitioners shall 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 C.J.M., Bhagalpur , subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh, J )