IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36389 of 2007 1. MD.MUSAY @ MUSVA, son of Shekh Hasibur Rahman 2. MD. TOHID, son of Shekh Mahruddin 3. MD. MUJAHID, son of Late Shekh Cheedi All resident of Village Musapur, P.S. Korha, District Katihar ---------Petitioners Versus THE STATE OF BIHAR------- Opp. Party ----------- 8. 6.11.2008 Heard the learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in connection with Korha P.S. Case No.73/2007 for the alleged offences registered under sections 328 and 302 of the Indian Penal Code. The allegations against the petitioners are to the effect that they had poisoned the deceased which led to his death. It is submitted on behalf of the petitioners that the allegations are vague and on perusal of the information given by Md. Jabir, the brother of the deceased, on the very next day i.e., 24.1.2007, it would appear that he did not doubt against anybody in the death of his brother and has expressed that he had no suspicion against anybody. Learned counsel submits that after about 15 days, the present complaint was lodged by the father of the deceased wherein the names of the petitioners have been mentioned without any specific allegation with regard to any of them in poisoning his son. Learned counsel further submits that uptill now no specific material has come against these petitioners. The report received from the Director, Forensic Science Laboratory mentions that the material received for chemical examination could not be identified on account of flood 2 water due to which all the relevant details regarding identification of the sample got destroyed. The learned APP appearing for the State opposes the prayer for bail, however, he is not in a position to refute the submissions upon going through the case diary as well as the aforesaid report of the Forensic Science Laboratory. Considering the submissions as noticed above, it is directed that petitioners no.1 to 3 above named, in the event of their arrest or surrender in connection with Korha P.S. Case No.73/2007, within a period of four weeks from today, be enlarged 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 the Chief Judicial Magistrate, Katihar, in connection with the aforesaid case, on the conditions mentioned in sub-section (2) of section 438 of the Code of Criminal Procedure. PNM (Shailesh Kumar Sinha, J.)