IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35949 of 2011 Surendra Kumar Versus The State Of Bihar ---------------------------------- with Criminal Miscellaneous No.35719 of 2011 Pawan Kumar Versus The State Of Bihar ---------------------------------- 03 15.12.2011 Both the above stated petitions arise out of Muffasil P.S. Case No. 94 of 2011 registered under Sections 302, 120 B/34 of the Indian Penal Code and 27 of the Arms Act and accordingly, both the above stated petitions are being disposed of by this common order. Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioner in Cr. Misc. No. 35949 of 2011 is named in the first information report whereas petitioner in Cr. Misc. No. 35719 of 2011 is not named. Admittedly, petitioner in Cr. Misc. No. 35719 of 2011 is maternal nephew of the deceased and the petitioner in Cr. Misc. No. 35949 of 2011 was driver of the deceased at the relevant time and he is the only eye-witness of the alleged occurrence. Petitioner in Cr. Misc. No. 35949 of 2011 stated before the informant that some unknown culprits committed the murder of the deceased whereas informant as well as other witnesses doubted upon the petitioners on the basis that deceased had adopted the petitioner in Cr. Misc. No. 35719 of 2011 as his son and there was some dispute between them on the point of distribution of the property and it is alleged that petitioners along with other accused hatched up a 2 conspiracy and got eliminated the deceased. The submissions of the parties as well as materials available on the case diary show that except suspicion there is nothing against the petitioners. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nawadah in connection with Muffasil P.S. Case No. 94 of 2011. SHAHZAD ( Hemant Kumar Srivastava, J.)