IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31947 of 2009 1. Guru Charan Pandit @ Gulcharan Pandit, Son of Ram Pandit. 2. Ram Pandit, Son of late Bangali Pandit. Both resident of Village Madoura, P.S. Banka, District Banka. ------------ Petitioners Versus The State of Bihar ---- Opp. Party ----------- 3 9.10.2009 Heard counsel for the petitioner and counsel for the State. The allegation of Section 302 of the Indian Penal Code as against the petitioners seems to be far fetched at least on the basis of materials which have come in course of investigation. The informant is not an eye- witness and the conduct of the petitioners and other family members of giving repeated information of misbehavior/grudges of the deceased against the family members would only go to show the willingness on the part of the petitioners to always take into confidence the family members of the deceased. In such circumstances, merely because the dead body without any injury on the person of the deceased is recovered from a well after a period of five days of missing of the deceased, it would be difficult to hold the petitioners to be directly responsible for the 2 offence in absence of any allegation of any overt act against them. Considering all these circumstances, this Court is inclined to grant bail to the petitioners, namely, Guru Charan Pandit @ Gulcharan Pandit and Ram Pandit respectively on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Banka in connection with Banka P.S. Case No. 366 of 2007 on a specific condition that they will remain present in course of trial and their absence for two consecutive dates will entail consequence of automatic cancellation of their present bail. Rsh (Mihir Kumar Jha, J.)