IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.866 of 2011 PREM LAL RAJAK & ORS. Versus THE STATE OF BIHAR ----------- 03/ 26.03.2011 Heard learned counsel for the petitioners as well as learned Addl. P.P. for the State. Petitioners seek their bail in connection with Baisi (Dagarua) P.S. Case no. 171/2010 registered under sections 302,201/34 of the IPC. According to the prosecution case itself, the informant has not seen the actual killing of the deceased and in course of investigation, one Budhu Mahaldar claimed to have seen the actual killing of the deceased. Learned counsel for the petitioners points out that the statement of aforesaid Budhu Mahaldar was recorded by the Investigating Officer at para 14 of the case diary but he has not claimed himself to be an eye-witness of the alleged occurrence. It is also pointed out by him that again statement of aforesaid witness was recorded at para 43 of the case diary and after that he claimed to be an eye-witness of the occurrence. Considering the aforesaid facts and circumstances as well as submissions of the parties, let petitioners, Prem Lal Rajak, Manoj Rajak and Subodh Rajak, be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge FTC No. III, Purnea, in Sessions Trial no.1323/2010 arising out of Baisi (Dagarua) P.S. Case no. 171 of 2010. shahid (Hemant Kumar Srivastava,J)