IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34860 of 2011 1.Birendra Singh @ Birendra Sharma, Son of late Sarjug Singh. 2.Bipul Sharma @ Bipul Kumar @ Mantu, Son of Birendra Singh @ Birendra Sharma. Both residents of Village Barahgama, P.S. Islampur, District Nalanda. -------Petitioners Versus The State Of Bihar -----Opposite Party ---------------- 03/- 24/11/2011 Heard learned counsel for the petitioners, learned counsel for the informant and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary up to paragraph – 159 dated 30.05.2011. The two petitioners apprehending their arrest in connection with a case registered for the offence punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act, are named accused in this case with allegation of calling the son of the informant, who went to meet them and subsequently, his dead-body was found lying behind bush. Submission is that petitioners having good relations with the deceased and his family and except suspicion, there is absolutely nothing against them rather during investigation niddle of doubt is moving towards other three persons, who have developed some grudge against the deceased resulting into his killing. The investigation is still going on and there is also nothing to show till date that those suspected persons have or had any league with these two petitioners, who also have no criminal antecedents. If, it is so, till conclusion of the investigation/submission of charge-sheet, in the event of their arrest/surrender before the court below within four weeks, let the above named petitioners be enlarged on bail on furnishing bail- bond of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Islampur P.S. Case No. 151 of 2010, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below till conclusion of the investigation/submission of charge-sheet and in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)