IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8728 of 2009 1. MD.JAHIR, SON OF MD. UJAI @ UJALUDDIN 2. AZIMUDDIN, SON OF UNIS SARDAR @ ABDUL RAHMAN, BOTH RESIDENTS OF VILLAGE SURHA, POLICE STATION JALAGRAH, DISTRICT PURNEA…. ………..PETITIONERS Versus THE STATE OF BIHAR………………………………. OPPOSITE PARTY ----------- 2. 24.04.2009 Heard learned counsel for the petitioners. No one appears for the State. The case is under Section 302/34 of the Indian Penal Code. The occurrence is of the year, 1999. The petitioners are not named in the first information report. It is stated that without any material, the requisition has been issued against the petitioners in 2008 and thereafter they have been arrested in the case. It is also submitted that in the court below, learned P.P. has wrongly cited paragraphs 8, 9 and 10 of the case diary against the petitioners but the petitioners are not named in those paragraphs of the case diary. The only material against the petitioners is that their names transpired in the supervision note of the superior officer of the police and only on that material, they have been taken into custody. Considering the submissions of the learned counsel for the petitioners and specially in view of - 2 - the fact that the case is of the year 1999 and requisition has been issued in 2008 and thereafter the petitioners have been taken into custody, the application is allowed. Petitioners, namely, Md. Jahir and Azimuddin, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnia in connection with Kasba (Jalalgarh) P.S. Case No.68/99. B.T (J.N Singh, J)