IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.57837 of 2007 NIRAJ SINGH Versus THE STATE OF BIHAR ----------- Cr.Misc. No.5732 of 2008: KAMAL DEV SINGH Versus THE STATE OF BIHAR ----------- 3 06-05-2008 Heard learned counsel for the petitioners and also learned APP on behalf of the State. The petitioners are accused in a case u/ss 364, 302, 201/34 of the Indian Penal Code. It is said that on 12.9.07 six persons came in a Bolero jeep at the door of informant and out of them the informant identified Sudhir Singh @ Krishna Kant Rai and Pappu Singh. Sudhir Singh enquired about the informant’s husband and took him away in the Bolero jeep. The informant’s husband did not return till in the night. On the next day in the morning the family members of the informant went in search of the husband of informant. On enquiry accused Sudhir Singh replied not to disturb him as he has already killed Murari Singh. The motive behind the occurrence is that deceased had paid Rs. 40,000/- as loan to Sudhir Singh who had assured to return the same but later on he failed to return the same. The dead body of Murari Singh was recovered from water near brick kiln of village Ayodhyapur. It has been stated that witnesses on the next day in the evening found the petitioners and others sitting with Murari Singh at the house of petitioner Kamaldeo Singh. - 2 - Learned counsel submitted that petitioners had no motive to commit the murder of Murari Singh. He further submitted that there is no eye witness to the alleged occurrence and circumstantial evidence collected against the petitioners is also quite weak one. Learned counsel pointed out Murari Singh was a man of bad antecedent and a number of criminal cases were pending against him. It appears that both the petitioners are in custody since 20.9.07. In the facts and circumstances of the case, the petitioners, above named, are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai in Teghra PS case no. 171/2007. BKS/ (M. Saran,J.)