IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35393 of 2008 DEVENDRA MAHTO son of Sri Rameshwar Mahto, resident of village- Sakra Mansoorpur, P.S.-Sakra, Dist.-Muzaffarpur Versus STATE OF BIHAR with Cr.Misc. No.37775 of 2008 1.MD.KALIM son of Md.Kurban Ali 2.Md.Taslim son of Md.Kurban Ali Both resident of village-Sakara Bajid, P.S.-Sakra. Dist.-Muzaffarpur Versus STATE OF BIHAR ----------- 3. 24.2.2009. Heard learned counsel for the petitioners and the State. Both the bail petitions have been heard together and are being disposed of by this common order because they have arisen out of one occurrence. The petitioners are accused of a case which has been registered under section 302/34 of the Indian Penal Code. According to the fardbeyan of Birendra Kumar Mahto his father was shot dead. The informant suspected that killing was by Devendra Mahto and Upendra Mahto with whom land dispute was being contested. Later on two persons namely, Md.Kalim and Md.Taslim developed intimacy with the co-accused and they had threatened his father to kill. Submission is that the informant is not a witness of the occurrence. In course of investigation nothing was found against the petitioners and the Superintendent of Police ordered for submission of final form. Accordingly, final form was submitted. The Chief Judicial Magistrate, differing with the final form took cognizance of the offence. Considering the facts and circumstances of the case the - 2 - above named petitioners are directed to be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur in connection with Sakara P.S.case No.150 of 1999. Md.S. (Shyam Kishore Sharma,J.)