IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17891 of 2009 1. KUNDAN SINGH 2. RAM DULAR SINGH Versus STATE OF BIHAR ----------- 2. 28.05.2009 Heard counsel for the parties. Petitioners who are two in number, have approached this Court seeking bail in a case instituted under sections 302 and 201/34 IPC. From the FIR, it appears that the informant of this case who is younger brother of the deceased, is not an eye-witness. According to the FIR, he saw few persons disposing of the dead body which included the petitioner. Altogether, four persons are named accuseds in the case including the petitioner. Referring to later part of the FIR, it has been contended that as per the allegation, one of the co-acuseds, namely, Amar Singh is alleged to have committed murder of the brother of the informant. It has further been contended that the motive assigned in the FIR is that the deceased was an accused in a case in which son of the one of the co-accuseds Nathuni Singh was done to death. It is also contended that apart from these materials there is nothing on record to implicate the petitioner in the offence. It is also contended that the petitioner is in custody since 16.12.2008. Counsel for the petitioner draws attention of this Court to an order dated 4.5.2009, passed by this Court in Cr.Misc. No.5046 of 2009, whereby co-accused Amar Singh was granted bail. - 2 - Having regard to the submissions and after going through the materials on record, let the petitioners abovenamed be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Bikramganj, Rohtas in connection with Karakat P.S.Case No. 181 of 2008, on condition that one of the bailors should be his close/own family member. hr ( Kishore K. Mandal )