IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15108 of 2009 1.WAKIL SADA SON OF KAILU SADA 2.MAHENDRA SADA SON OF SINGHESHWAR SADA 3.NATHUNI SADA SON OF BALDEO SADA ALL RESIDENT OF VILLAGE RAKSHA,P.S.MAQHISHI,DISTRICT SAHARSA Versus STATE OF BIHAR ----------- 3/ 19.5.2009 Heard learned counsel for the parties. The petitioners seek bail in a case which has been registered for offences under Section 302 and some other Sections of the Indian Penal Code and 27 of the Arms Act. The informant has alleged that his son Bhani Sada was having criminal background. He had come to surrender before the court but at the behest of Kailu Sada, he was shot dead by petitioners Wakil Sada and Mahendra Sada. Submission is that Bhani Sada, son of the informant, has not been killed and in course of investigation, death has not been proved. So chargesheet has not been submitted under Section 302 of the Indian Penal Code, rather it has been submitted under Sections 364 and 120B of the Indian Penal Code. Further submission is that the deceased himself was a notorious criminal and the allegation of kidnapping attributed to these petitioners is identical to co- accused Kailu Sada, Sanjay Sada, Pragash Sada, Ranjit Sada and Chamaru Sada who have been granted bail by a Bench of this Court on 26.4.2006 Vide Cr.Misc.No. 6697 of 2006. Considering the facts and circumstances of the case, let the above named petitioners be released on bail on furnishing bail bonds of Rs.10,000/-(ten 2 thousand) each with two sureties of the like amount each to the satisfaction of Sri Rajesh Singh, learned Judicial Magistrate, Ist Class, Saharsa/concerned court in Mahishi P.S.Case No. 48 of 2005. Tahir/- ( Shyam Kishore Sharma, J. )