IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13659 of 2009 1. OM PRAKASH SAHANI,son of Nagina Sahani 2. Nagendra Sahani @ Nagender Sahani,son of Poly Sahani Both the resident of village-Serha Barji, P.O.- Dih Braji, P.S.-Motipur, District-Muzaffarpur. Versus THE STATE OF BIHAR ----------- 03/ 01-07-2009 Heard learned counsel for the petitioners and the State. Petitioners along with three others have been alleged to kill the deceased by administering poison but there is no eye witness in the case. Witnesses are only to state that petitioners along with three others were searching the deceased and one of them states about taking away of the deceased with them, whereafter the deceased was found in restless condition in the orchard situated near the house of his brother- in-law but according to the learned counsel two of the co-accused namely, Vinay Sahani and Ramchandra Sahani arrested and faced trial but acquitted vide Sessions Trial No.756 of 2008 by Sri B.B.Pandey, 9th Additional Sessions Judge, Muzaffarpur. In the discussed and suggested facts and circumstances, this petition for anticipatory bail is allowed. In case of arrest or surrender within one month from the date of receipt/production of a copy of this order in Sahebganj P.S.Case No.211/2007, the above named petitioners shall be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand)each with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial 2 Magistrate (West), Muzaffarpur, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )