IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12602 of 2009 1. MD.SAMAD, son of Md. Ismail 2. Md. Razi, son of Md. Samad Both the resident of village Sahsi, P.S. Allauli, District Khagaria Versus STATE OF BIHAR ----------- 6. 16.9.2009 Heard counsel for the petitioners and the counsel for the State. Considering unexplained delay of more than 36 hours in lodging of the F.I.R. coupled with the circumstance that the dead body was recovered after 24 hours of lodging of the case showing to be in complete decomposed state and the postmortem report suggesting death to have taken place at least 2-5 days earlier, this Court is inclined to direct for release of the petitioners on bail who are in custody since 11.1.2009 and 15.1.2009 without any criminal antecedent (as stated now in the supplementary affidavit). Considering the aforementioned aspects, this Court directs for release of the abovenamed petitioners on bail on their furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of the 2 Chief Judicial Magistrate, Khagaria in Allauli P.S.Case No. 178/2008. (Mihir Kumar Jha,J.) Surendra/