IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38859 of 2009 1.KAPILDEO GIRI son of Late Satto Giri 2.Kamleshwari Giri son of Late Fogai Giri, resident of village Bhuliya, P.s.Bhaptiyahi,Distt-Supaul. Versus THE STATE OF BIHAR . ----------- 2. 19.11.2009. Heard learned counsel appearing on behalf of the petitioners and the learned counsel appearing on behalf of the State. Petitioners are an accused in Bhaptiyahi P.S. Case No.10 of 2009 for the offence punishable under Section 302, 34 and 120B of the Indian Penal Code. Substance of allegation against the petitioners is that accused Amar Giri came to the house of the informant and on pretext of ailment of his sister, he took the husband of the informant for the treatment. Subsequently, one Raj Kumar Giri came and informed the informant that these petitioners along with some others had tied the hands of the informant. It is thereafter alleged that when the informant went to the place of occurrence, she found the dead body of her husband and claims to have seen the accused persons running from the place of occurrence. Learned counsel for the petitioners submits that there is no eye witness to the occurrence and they have been simply roped in the 2 present case on the basis of the statement given by one Raj Kumar Giri. He further submits that except that the informant has alleged that these petitioners were seen moving away from the place of occurrence, no specific allegation is against them. It is submitted that they have been roped in the present case by reason of petty village politics. It is further submitted that in similar circumstances, this court has granted bail to some similarly situated accused persons in Cr.Misc.No.28958 of 2009, Cr.Misc.No.31426 of 2009 and Cr.Misc.No.27012 of 2009 a copy of which is placed at Annexure-2. Considering the facts and circumstances of the case, let petitioners Kapildeo Giri and Kamleshwari Giri be released upon each one of them individually furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Supaul in connection with Bhaptiyahi P.S.Case No.10 of 2009. ahk (Jyoti Saran,J.)