IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35076 of 2008 1. AJAY SINGH 2. BINDA SINGH both sons of Harihar Singh, residents of village- Jai Nagra, Police Station- Nabinagar, District- Aurangabad (Bihar). Versus STATE OF BIHAR ----------- 3 17.11.2008 Heard learned counsel for the petitioners and the State. Petitioners are accused in a case registered for the offences under sections 302/34 of the Indian Penal Code. It has been submitted on behalf of the petitioners that although they are named accused, however there is general allegation against all of them of committing the alleged crime. It is further submitted that police after investigation did not find the allegation true against the petitioners and submitted the final form as contained in Annexure-2, however, the learned Magistrate differed with the same and took cognizance of the offence against the petitioners. It is further submitted that during investigation no material has come against the petitioners, rather the material has come that they had arrived at the place of occurrence after the alleged murder. Learned Addl. P.P. appearing for the State on - 2 - perusal of the case diary submits that independent witnesses have stated that these petitioners arrived at the place of occurrence after the murder was committed. Having considered the submissions, as noticed above, and in the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri M.K.Singh, Judicial Magistrate, Ist Class, Aurangabad, in connection with Nabinagar P.S.Case No. 112 of 2004 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)