IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23729 of 2009 RAMESH MEHTA Versus STATE OF BIHAR with Cr.Misc. No.20861 of 2009 CHANDRESHWARI PASWAN Versus STATE OF BIHAR ----------- 2 06.08.2009 Both the matters arise out of the same occurrence giving rise to Raniganj P.S. case no. 225 of 2008. Mr. Rajiv Rai appears in support of the Cr. Misc. No. 23729 of 2009. No body appears on behalf of petitioner Chandreshwari Paswan. It is contended that the prosecution case is to the effect that the deceased was seen in the company of the petitioners. It is the prosecution case that the deceased along with father and accused persons were participating in a Shradh function where the deceased was seen talking to the accused persons/petitioners. The first portion of the F.I.R. spells out the animosity between the two families inasmuch as it is alleged that the next day, i.e. 25.9.2008, the deceased was to depose in a case as a witness in which some of the accused persons were facing charge. Mr. Rai, learned counsel submits that apart from these facts, nothing further has come in course of investigation. It is further submitted that there is no eye witness to the occurrence. He further submits that presence of the deceased along with the 2 petitioners in a Shradh function cannot be a circumstance constituting last seen with the deceased. It is submitted that the petitioners are in custody since 26.9.2008 and 1.2.2009 respectively. In the facts and circumstances of the case, let petitioners above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Raniganj P.S. case no. 225 of 2008 subject to the condition that one of the bailers will be own/close family member of the petitioners. pkj ( Kishore K. Mandal, J. )