IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26333 of 2008 1. RAKESH SINGH 2. Mukesh Singh Versus STATE OF BIHAR ----------- 2. 16.7.2008 Heard Shri Kanhaiya Prasad Singh learned Senior counsel for the petitioners, learned Additional Public Prosecutor Shri Dashrath Mehta and learned counsel for the informant. The petitioners do not appear named in he F.I.R. but quite number of witnesses came forward with their statements recorded under Section 164 of the Code of Criminal Procedure implicating the petitioners that it were these petitioners who had killed the deceased on the pretext of treating a particular man and that the petitioner had the motive for committing the offence. The simple contention is that if the witnesses were sure about their statements then the names of these petitioners ought to have appeared in the F.I.R., regard being had to which let the above named petitioners be directed to be released from custody on their furnishing bonds each of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the 3rd Additional Sessions Judge, Barh, in Sessions Trial No.614 of 2008 arising out of Pandarak P.S.Case No.167 of 2007. Kanth ( Dharnidhar Jha, J.)