IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14528 of 2008 KAMLESH TIWARI Versus THE STATE OF BIHAR -with- Cr.Misc. No.18570 of 2008 KAMLESH KUMAR Versus STATE OF BIHAR ----------- 3. 16.5.2008. Heard learned counsel for the petitioners as also the counsel for the informant who vehemently opposed the grant of bail in the two applications. Both the petitioners are accused in a case under Sections 302 and 120B/34 of the Penal Code and Section 27 of the Arms Act. Petitioner Kamlesh Tiwari is not named in the First Information Report although four persons are named therein but counsel for the informant submitted that Kamlesh Tiwari is one of the two unknown accused who could not be identified at the time of lodging of the First Information Report. Petitioner Kamlesh Kumar is although named in the First Information Report but is not alleged to have committed any overt act, however, his prayer for bail has been opposed on the ground that he is a veteran criminal as against him there are several cases. Petitioner Kamlesh Tiwari may be one of the two unknown accused but there is no overt act alleged against those two unknown accused. In the circumstances, he is directed to be released on bail on furnishing bail bond of Rs. 5000/- (Five thousand) with two sureties of the like amount each to the 2 satisfaction of Chief Judicial Magistrate, Kaimur at Bhabua in connection with Chainpur P.S.Case No. 150 of 2007. So far petitioner Kamlesh Kumar is concerned his antecedent be verified by the court below and if he is not involved in any other case besides the present one then only he be released on bail on furnishing bail bond of Rs. 5000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Kaimur at Bhabua in connection with Chainpur P.S.Case No. 150 of 2007, as there is no overt act alleged against him in the present case. P.K.P. (V.N.Sinha,J.)