IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36849 of 2008 MD. NAZIR @ MD. NAZIR MIAN & RAJAN SINGH @ RAJEEV SINGH Versus STATE OF BIHAR ----------- 2. 30.9.2008 Heard. The petitioners are not named in the FIR of a case under Section 302 IPC. Some other accused persons of same class have been admitted to bail as may appear from order dated 1.7.2008 passed in Cr.Misc.Petition No.11926 of 2008. The contention is that the names of the petitioners were taken by some of the witnesses in their statements under Section 164 Cr.P.C. after more than eight months of the incident. The further contention is that if all the witnesses were knowing the complicity of the petitioners in the commission of the offence then their names should have been taken by them at the earliest and in all probabilities, at the time of lodging of the FIR. Let the above named two petitioners be released from custody on furnishing bond of Rs.10,000/-(ten thousand)each with two sureties of the like amount each to the satisfaction of S.D.J.M.,Supaul in Nirmali P.S.Case No.12 of 2005(G.R.No.93 of 2005). B.Kr. ( Dharnidhar Jha, J. )