IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52040 of 2008 1. Ranjit Kumar, Son of Sri Kirtal Pandit. 2. Devendra Kumar, Son of Ram Uttim Mahato. Both are residents of Village- Hiramiya, Police Station- Rosera, District- Samastipur…………………..Petitioners. -Versus- The State of Bihar……………………………..Opposite Party. --------- For the petitioners: M/S. Krishna Prasad Singh, Senior Advocate, Suraj Bansh Roy and Brajesh Kumar Nandan, Advocates. For the State : Mr. Ram Bachan Singh, A.P.P. --------- 5. 20.04.2009. Learned counsel for the petitioners is permitted to change the name of the court in the prayer portion of the application. Heard learned counsel for the petitioners Ranjit Kumar and Devendra Kumar, both First Information Report named accused of Rosera P. S. Case No. 120 of 2007 registered under Sections 302/34 of the Indian Penal Code and are in custody since 15.7.2008 on the allegation of having been committed murder of the deceased Krishna Kumar. The submission on behalf of the petitioners is that the petitioners have been falsely implicated, although in fact, deceased Krishna Kumar who had accompanied them for a bath in the river and had died due to drowning which fact is supported by the post mortem report. It has also been submitted that it would be apparent after all investigation had been completed and charge sheet was in the process of being submitted that it was on the directions of the Deputy Inspector General of Police, Darbhanga Range, that the case was reopened and after reopening, three witnesses appeared to have named - 2 - these petitioners alongwith Ram Sagar Mahato to have been involved in causing the death of Krishna Kumar. Co-accused Ram Sagar Mahato has been enlarged on bail vide order dated 18.12.2008 passed in Cr. Misc. No. 48318 of 2008. In the facts and circumstances of the case, let the petitioners Ranjit Kumar and Devendra Kumar be enlarged 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 the Learned Additional Chief Judicial Magistrate, Rosera, District- Samastipur in connection with Rosera P.S. Case No. 120 of 2007. U.K. (Abhijit Sinha,J)