In the High Court of Judicature at Patna Cr. Misc. no.16192 of 2009 1. Kameshwar Singh, son of late Ramadhar Singh 2. Arun Singh, son of Kameshwar Singh Both residents of village-Betari, P.S.-Bhabhua, District Kaimur at Bhabua----------Petitioners. Versus The State of Bihar -------------------Opp. Party. --------- 2. 14.5.2009 Heard learned counsel for the petitioners and the State. Death of Khobhari Paswan is reported to the police by his brother Ram Bilas Paswan in which submission of learned counsel for the petitioner is that only suspicion is cast that also in supervision by the supervision authority about petitioners’ having hand in killing though investigation is in progress. In my view also, basing suspicion only, petitioners arrest cannot be justified. When investigation is in progress, there may be possibility of appearing some evidence which easily can be taken into consideration at the time of framing of the charge. Accordingly, prayer for anticipatory bail of the petitioners is allowed. In the event of arrest or surrender within one month from today in Bhabua P.S. case no.394 of 2007, 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 the Chief Judicial Magistrate, Kaimur at Bhabua , subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. However, at the time of framing of charge the court below shall reconsider the bail so granted to the petitioner. Sudip ( Mandhata Singh, J )