IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13727 of 2008 DAYA PANDEY @ DAYA SHANKAR PANDEY & ANR Versus STATE OF BIHAR ----------- 2 2.5.2008 Heard. Petitioners are accused in a case under sections 302 read with 34 of the Indian Penal Code and 27 of the Arms Act. The allegation is that the petitioners along with others came to the house of the informant and inquired about his son Rajkishore Dubey. The informant informed them that his son is not present in the house. Thereafter accused persons went away. After some time the informant heard the sound of three gun shot firing. He came running to Mahmudan Chauk where he found his son lying in a pool of blood. Learned counsel submitted that there is no eye witness of the alleged occurrence and circumstantial evidence against the petitioners is also quite weak. He submitted that the petitioners have been made accused in this case simply on the basis of suspicion. He further submitted that accused Manoj Pandey and two others have been allowed bail by this Court - 2 - vide Cr.Misc. nos. 44231/07 and 57591/07 and the case of the petitioners is also similarly situated. In the facts and circumstances of the case, the two petitioners, namely Daya Pandey alias Daya Shankar Pandey and Uma Shankar Pandey @ Uma Pandey are directed to 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 Sri S.D.Dwivedi, Judicial Magistrate, 1st Class, Siwan in Asaon PS case no.18 of 2006. (M.Saran,J.) AI