IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45259 of 2010 1. Sudarshan Tiwary. 2. Dharamraj Tiwary@Bhulan Tiwary Versus The State Of Bihar ----------- 4 28.07.2011 Heard learned counsel for the parties. Submission is that though the petitioners are said assailant for the deceased but matter was thoroughly investigated by the I.O who submitted final form exonerating this petitioner, thereafter on protest only cognizance is taken and in protest also informant came to know about the incident from one Kedar Nath Mishra who examined in course of enquiry but does not state about watching petitioners as assailants also. Taking that into consideration, in the event of arrest or surrender within one month from the date of communication of this order, the above named petitioners shall 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 Judicial Magistrate, 1st Class, Buxar in connection with Complaint Case No. 108C of 2009, Brahampur Nainijor P.S. Case No. 117 of 2007 (Tr. No. 3185 of 2009) subject to the condition laid down under Section 438(2) Cr. P.C. Prakash (Mandhata Singh, J.)