IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26260 of 2009 1. BIRENDRA MISHRA 2. Jitendra Kumar Mishra @ Jitendra Mishra Versus The STATE OF BIHAR ------ 2/ 26.08.2009 Heard learned counsel for the petitioner and learned counsel for the State. In the case petitioners have been alleged for killing informant’s father, while he was sleeping but the submission of the learned counsel for the petitioners is that long enmity was prevailing in between the parties for the land dispute. After thorough investigation, allegation was found false and final form was submitted. Thereafter, on protest-cum-complaint cognizance is taken, though under the direction of Revisional Court but in any case, petitioners’ arrest cannot be justified. I agree with the submission advanced by the learned counsel for the petitioners. Accordingly, prayer of the petitioners is allowed. In the event of arrest or surrender within one month from the date of receipt/production of a copy of this order in connection with Complaint Case No. 1534 of 2003, above named petitioners shall 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 J.M., Ist Class, Muzaffarpur subject to the conditions as laid down under Section 438(2) of Cr. P.C. shail (Mandhata Singh, J.)