IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10884 of 2011 Barunjay Thakur And Anr. Versus The State Of Bihar ----------- 3 28-07-2011 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the state. Petitioners are named in the first information report but according to fardbeyan of the informant, he is not an eye witness of the alleged occurrence. It is stated by the informant in his fardbeyan that he got the knowledge of incident from villagers of village-Amarpur and subsequently, having got the aforesaid information, he went near the place of occurrence and found his brother dead and villagers of Amarpur disclosed the name of petitioners and others as assailants of the deceased. In course of investigation, some witnesses vide Paragraphs-42 to 44 of the case diary, stated that wife of the deceased had already present on the place of occurrence before arrival of the informant. At paragraph-43 of the case diary, wife of the deceased stated that before death, the deceased had disclosed the name of his assailants. The contention of learned counsel for the petitioners is that had the wife of the deceased reached at the place of occurrence earlier in time, the name of these petitioners would have certainly been mentioned in first information report because as per the statement of the aforesaid witnesses, the 2 informant reached at the place of occurrence after arrival of the wife of the deceased. It is further contended by him that having similar allegation, one co-accused, Nand Kishore Thakur has already been granted privilege of anticipatory bail by another bench of this court vide order dated 11.11.2008 passed in Cr. Misc. No. 31724 of 2008. Further contention of learned counsel for the petitioners is that in course of trial, 16 prosecution witnesses have already been examined and out of aforesaid 16 prosecution witnesses, near about 15 witnesses have been declared hostile including those witnesses who have named the petitioners before the informant in course of investigation. Taking into consideration the aforesaid facts and circumstances as well as submission of the parties, let the petitioners, namely, Barunjay Thakur and Bul-Bulia Chaudhary be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Sessions Trial No. 202/A/10 arising out of Bihpur P.S. Case No. 84 of 2008 to the satisfaction of 2nd Additional Sessions Judge, Naugachia. AKV/- ( Hemant Kumar Srivastava,J.)