IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35366 of 2010 1. RAGHO SINGH , Son of Late Deonath Singh 2. Mantu Singh, Son of Bhuteli Singh Both residents of village- Pure Chapra, P.S. Parsa, District-Saran ------------ Petitioners Versus STATE OF BIHAR ----------- 03 03-12-2010 Heard Sri Pawan Kumar Mishra, learned counsel for the petitioners, Sri M.N.Parbat , learned counsel for the informant and Sri Arbind Kumar Pandey, learned Addl. Public Prosecutor appearing on behalf of the State . Two petitioners, who are in custody in connection with Parsa P.S. Case No.43 of 2010 for the offences under Sections 147,148,149,364, 302 of the Indian Penal Code and 27 of the Arms Act, have prayed for grant of bail. It has been submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the present case as per instance of one Chhotelal Rai. While pressing this petition, it was submitted that it is true that the informant, who claimed to be the eye witness of the occurrence, had disclosed that petitioner no.1 was order giver and on his order, other accused persons fired from the close range on the head of the father of the informant, whereby he succumbed to the injuries instantaneously. Any how, the informant saved his life and fled away from the place of occurrence and thereafter he returned to his house and informed regarding the occurrence. On the basis of the fardbeyan of the informant who had claimed to be eye witness, 2 F.I.R. was lodged, in which both the petitioners along with others were named as accused. While referring to paragraph 7 to the present petition, it has been submitted by the learned counsel for the petitioners that the deceased was accused in number of criminal cases. Learned counsel for the petitioners has submitted that in Parsa Bazar Police Station, number of cases were pending against him. It has been submitted that there is possibility that the deceased might had been killed by some of his enemies but due to animosity petitioners were made accused in the present case. Sri M.N.Prabat, learned counsel for the informant has vehemently opposed the prayer for bail of the petitioners. It has been submitted that firstly the informant along with his father was kidnapped and thereafter the father of the informant was killed on the order of petitioner no.1.It has been submitted that in view of seriousness of the allegations, petitioners may not be extended the privilege of bail. Learned Addl.Public Prosecutor has also opposed the prayer for bail of the petitioners. Besides hearing learned counsel for the parties, I have also perused the materials on record. In the present case, as alleged by the informant, his father was murdered in his presence in between 8.00 and 10.00 P.M. on 15.5.2010. The Police Station was only 5 Kilometer away from the place of occurrence, even though on the next day,i.e. 16.5.2010 at 8.30 A.M., the information regarding the occurrence was received in the Police Station and thereafter on 16.5.2010 at 10.00 A.M. fardbeyan of the informant was recorded. 3 Keeping in view the facts and circumstances of the case, let the petitioners above named 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 learned Chief Judicial Magistrate, Chapra in connection with Parsa P.S. Case No.43 of 2010. NKS/- ( Rakesh Kumar, J.)