IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8361 of 2009 1. BIRENDRA CHOUDHARY, S/o Priti Choudhary 2. Raj Kumar Choudhary, S/o Priti Choudhary 3. Akeshar Yadav @ Akeshwar Yadav, S/o Kitnu Yadav 4. Pradip Singh, S/o Dula Nand Singh Versus The STATE OF BIHAR ----------- 2/ 09.04.2009 Heard learned counsel for the petitioners and learned counsel for the State. Submission of the learned counsel for the petitioners is that though it is a case of murder, but petitioners were not seen among the assailants, who shot firing and in course of investigation, their presence could not be corroborated. So, charge-sheet was submitted only against three petitioners. Finding the allegations against these petitioners false even then cognizance is taken by the learned Magistrate and petitioners are apprehending their arrest for their no fault. Considering the facts and circumstances of the case, the prayer of the petitioners is allowed. In the event of arrest or surrender within one month from today in connection with Palasi P.S. Case No. 179 of 2003, above named petitioners shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Araria subject to the conditions as laid down under Section 438(2) of Cr. P.C. shail (Mandhata Singh, J.)