IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3934 of 2011 MITHILESH RAJBANSHI AND ORS. Versus THE STATE OF BIHAR ----------- 04/ 26.03.2011 Heard learned counsel for the petitioners as well as learned Addl. P.P. for the State. Petitioners seek their bail in connection with Fatehpur P.S. Case no. 91/2010 registered under sections 147, 148, 149, 302 and 201 of the IPC. Petitioners are named in the first information report but admittedly, no specific overt-act has been attributed against them. It is an admitted position that the dead boy of the deceased was recovered from a well. The contention of the learned counsel for the petitioners is that one Balki Devi who happens to be sister-in-law of the petitioner no.2 had lodged Fatehpur P.S. Case no. 107/2008 against the informant of this case and some other persons and the informant has brought the instant case in retaliation to the above stated case. It is also pointed out by him that co-accused Moti Rajbanshi and Birju Rajbanshi have already been exonerated from this case by the police official. Considering this aspect of the matter that none has seen the actual killing of the deceased, let petitioners, Mithilesh Rajbanshi, Suresh Rajbanshi and Ram Swaroop Rajbanshi, be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya, in Fatehpur P.S. Case no. 91 of 2010. shahid (Hemant Kumar Srivastava,J)