IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31167 of 2011 Md. Mobashir @ Mobashir Ahmad Versus The State Of Bihar with Criminal Miscellaneous No.32801 of 2011 Musthehasan @ Chhotu Versus The State Of Bihar ----------- 03/ 01.12.2011 Both the above stated petitions arise out of Balia P.S. Case no. 62/2011 registered under section 302/34 of the IPC and 27 of the Arms Act and accordingly, both the above stated petitions are being disposed off by this common order. Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State. The aforesaid case was registered against unknown persons but in course of investigation two so-called eye witnesses vide paras 26 and 27 of the case diary claim to have seen the alleged occurrence and disclosed the names of these petitioners. Even if the statements of the aforesaid witnesses assumed to be true, then also, it was co-accused Irsahduzama who committed the murder of the deceased. Accordingly, petitioners, Md Mobashir @ Mobashir Ahmad and Musthehasan @ Chhotu, be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai in Balia P.S. Case no. 62/2011. shahid (Hemant Kumar Srivastava,J)