IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2330 of 2009 1. SURENDRA PRASAD @ SURENDRA PRASAD KAIR 2. VIRENDRA PRASAD @ DR. RAO VIRENDRA SINGH BOTH SONS OF SURYUG PRASAD @ SIDESHWAR PRASAD, R/O- VILLAGE – LODIPUR, MEDNI BIGHA, KHAJPURA, P.S. TELHARA, DISTRICT - NALANDA Versus STATE OF BIHAR ----------- 2. 03.03.2009 Heard the parties. The offence alleged is under Sections 302/120B and other allied Sections of the Indian Penal Code. It is submitted on behalf of the petitioners that the specific allegation of killing the deceased is on the part of the co-accused Saryug Prasad @ Sidheshwar Prasad. The only allegation against these petitioners is that they accosted the sons of the deceased and drove them away and threatened them that if they opposed, they will also face dire consequences as their father has met and also assaulted by fists and butt of pistol. Learned counsel for the informant submits that these petitioners also actively participated in lodging the criminal case in which the co-accused Saryug Prasad @ Sidheshwar Prasad killing the deceased. Learned counsel for the State submits that the specific allegation of killing the deceased is against the said co-accused Saryug Prasad @ Sidheshwar Prasad not against these petitioners. - 2 - Considering the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioners, named above be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Ist Class, Hilsa, Nalanda in connection with Ekangarsarai (Telhara) P.S. Case No. 107/2005 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Jagdish/- (Shailesh Kumar Sinha,J)