IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5156 of 2009 MAHESH SINGH @ MAHESH PRASAD SINGH S/O SHRI DASHRATH SINGH, R/O VILLAGE- BABHANBIGHA, P.S.- BARBIGHA, DISTRICT- SHEIKHPURA Versus STATE OF BIHAR with Cr.Misc. No.6780 of 2009 SURESH SINGH @ SURESH PRASAD SINGH S/O SHRI DASHRATH SINGH, R/O VILLAGE- BABHANBIGHA, P.S.- BARBIGHA, DISTRICT- SHEIKHPURA Versus STATE OF BIHAR ----------- 3 22/04/2009 Above noted applications arising out of one occurrence i.e. Barbigha P.S. Case No. 178 of 2005 have been heard together and are being disposed of by this common order. The petitioners seek bail in a case which has been registered under sections 341, 504, 302, 120B/34 of the Indian Penal Code and section 27 of the Arms Act on the written application of Kumar Kamal Nayan @ Ghutar Singh son of Sri Bishundev Prasad Singh. It is alleged by the informant that on 2.9.2005 at 9.30 P.M. his brother Suchit Kumar was shot dead by these two persons where others were also present but fatal shots were given by these two petitioners. The informant could not come during the night and in the next morning he came out and so there was delay as written application was given at 3.30. P.M. on the next date. Submission is that in course of investigation 2 another version has come that the petitioners were not the persons who were responsible for causing death. They had no motive at all. Even in a murder case of Bhagina of Dashrath Singh none of the family members of the informant were made accused. The informant has not informed the police in the night and he has waited till the next afternoon for arrival of one political activist and only after he came then the FIR was registered. It is also submitted that the deceased had developed illicit relationship with the wife of one, Aditya Singh, therefore, the murder was committed by Aditya Singh and others. This fact was found to be true during investigation. Initially the Dy.S.P. and the S.P. found the allegation against the petitioners to be false and recommended charge sheet against other unknown FIR accused but at the behest of I. G. charge sheet was submitted. Prayer for bail has been opposed by the learned APP assisted by the learned counsel for the informant. It is submitted that the police officials were instrumental in giving another version of the occurrence that is why the informant was withheld at different stages. Considering the facts and circumstances of the case, the petitioners Mahesh Singh @ Mahesh Prasad of Cr. Misc. No. 5156 of 2009 and Suresh Singh @ Suresh Prasad Singh of Cr. Misc. No. 6780 of 2009 are directed to be 3 released on bail on furnishing of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the C.J.M., Sheikhpura in connection with Barbigha P.S. Case No. 178 of 2005. avin (Shyam Kishore Sharma, J.)