IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23438 of 2009 1. TUNTUN GIRI @ ASHWANI GIRI son of Chandra Shekher Giri. 2. Sunil Giri, son of Nand Kumar Giri, Both residents of Village- Phatehpur, Mathiya, P.S.- Sahar, District- Bhojpur :-- Petitioners. Versus STATE OF BIHAR :------Opposite Party ----------- 5. 10.02.2010. Heard learned counsel for the petitioners, State and the informant. Petitioners are accused in a case under Section 302 and other allied Sections of the Penal Code and Section 27 of the Arms Act and named in the First Information Report. From perusal of the First Information Report it appears that overt act of dragging the deceased is alleged against petitioner no.1 but there is no overt act alleged against petitioner no.2. In the circumstances, petitioner no.2, namely, Sunil Giri is directed to be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur at Arrah in connection with G.R.No. 3148 of 2008, arising out of Sahar P.S.Case No. 63 of 2008. So far petitioner no.1, namely, Tuntun Giri alias Ashwani Giri is concerned, he should apply for bail after completing one year in jail custody. P.K.P. (V.N.Sinha,J.)