IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.50153 of 2008 1.SWEETI KUMARI DAUGHTERS OF SRI CHANDRASHEKHAR PRASAD SINGH 2.SHOBHA DEVI WIFE OF SRI CHANDRASHEKHAR PRASAD SINGH BOTH RESIDENT OF VILLAGE GAURA,P.S.TEGHRA,DISTRICT BEGUSARAI Versus STATE OF BIHAR With Cr.Misc. No.52865 of 2008 AJEET SINGH SON OF LATE RAMUDIT SINGHJ RESIDENT OF VILLAGE SAPHAPUR,P.S.NAYAGAON,DISTRICT BEGUSARAI Versus STATE OF BIHAR ----------- 3/ 25.3.2009 Since both the above applications arise out of one and the same police case, they have been heard together and are being disposed of by this common order. The petitioners seek bail in a case which has been registered for offences under Sections 302,201 and 120B/34 of the Indian Penal Code. All these petitioners are named accused persons. Informant’s brother Ashok Thakur who was handicapped from his right hand went to the house of petitioner Sweeti Kumari on 29.8.2008 at her call by mobile but he did not return and after two days his dead body in mutilated condition was found in a pond. Suspicion was that killing might have been done by the petitioners. Submission is that there is no witness of the occurrence. In course of investigation, some seizure was made . The seizure with regard to soil, sleeper and umbrella were not of any use for the prosecution as the seized soil was not sent for chemical examination and the seized umbrella and sleeper were also not put on test identification parade and there is no identification of these articles from any of the 2 prosecution witness. So it cannot be said that these articles were of the deceased. The recovery was also not from the inner portion of the house, rather it was from the outside of the house of petitioners. Further submission is that the deceased was having apprehension that he might be murdered by his brother, for that he had lodged Sanha No. 2418 of 2008 on 6.5.2008. In that Sanha, it was mentioned that he might be murdered by his family members for grabbing his properties and his neighbours who are witnesses (petitioners herein) may be implicated in the case. It is stated that on account of that, the petitioners have been implicated. The prayer for bail of the petitioners has been opposed by learned Addl.P.P. assisted by learned counsel appearing for the informant who has submitted that there is recovery of sleeper and umbrella from the house of petitioners. As the seized articles are of common use and have not been put on test identification parade , I am inclined to grant bail to the petitioners. Considering the facts and circumstances of the case, let the above named petitioners be released 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 Chief Judicial Magistrate, Begusarai in Teghra P.S.Case No. 177 of 2008. Tahir/- ( Shyam Kishore Sharma, J.)