IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39869 of 2010 PAPPU SAH Versus THE STATE OF BIHAR with Cr.Misc.No.35029 of 2010 Om Prakash Sah versus The State of Bihar 2 20.12.2010 Heard Sri Madhurendra Kumar, learned counsel for the petitioner in Cr.Misc.No.39869/10 and Sri Kali Prassana Dubey, learned counsel for the petitioner in Cr.Misc. No.35029 of 2010 and also Md.Arif and Smt. Indu Bala Pandey, learned Additional Public Prosecutors in both cases. Both the petitioners are in custody in Patahi P.S. Case No.24/10 for the offence under sections 302, 201/34 of the I.P.C. In the present case brother of the informant was killed and as such an F.I.R. was lodged against accused Om Prakash Sah on suspicion. During investigation the deceased was lastly seen along with both the petitioners and as such on suspicion both the petitioners were made accused and they were arrested. Learned Additional Public Prosecutor Mr.Arif submits that in paragraphs 18,71and 72 of the case diary there 2 are materials to show that they were seen with the deceased. In view of the fact particularly the reason that both the accused persons were made accused on the ground that they were seen lastly along with the deceased the Court is of the opinion that it is a fit case of extending privilege of bail, let the petitioners, Pappu Sah and Om Prakash Sah, 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 S.D.J.M., Sikrahana at Motihari, East Champaran, in Patahi P.S. Case No.24/10. Anilkr.sinha (Rakesh Kumar,J.)