IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27888 of 2008 1.KOIRI MANJHI, S/O-Late Brinchi Manjhi 2.KRISHNA MANJHI @ KEENA MANJHI, S/O-Makeshwar Manjhi Both resident of Village-Aima Chauki, Bhvin Toli, P.S.-Khizarsarai, Distt.- Gaya. ………………………………………………..Petitioners. Versus STATE OF BIHAR ----------- 3/ 11.11.2008 Heard learned Counsel for the petitioner and Mr. Uma Shankar Singh, learned Counsel appearing on behalf of the State. These two petitioners are named accused of the case which has been registered under Sections 302/34 of the Indian Penal Code in which the informant’s husband was killed by all the accused persons including the petitioners due to indiscriminate assaults by sticks. Submission is that the case under Section 302 of the Indian Penal Code is not made out. At best the case comes under Section 304 of the Indian Penal Code. There is no specific allegation against these petitioners. Majority of witnesses have not supported the prosecution case. While they were examined under Section 161 Cr. P.C. Considering the facts and circumstances of the case, the petitioners Koiri Manjhi and Krishna Manjhi @ Keena Manjhi are ordered to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya in connection with Khizar Sarai P.S. Case No. 33 of 2006. kksinha/ (Shyma Kishore Sharma, J.)