IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41192 of 2009 VIJAY KUMAR, SON OF BUDHRAM MAHTO, RESIDENT OF VILLAGE/MOHALLA- PRAHALADPUR, POLICE STATION-MUSHARI, DISTRICT-MUZAFFARPUR. …..Petitioner. Versus THE STATE OF BIHAR …..Opposite Party. WITH Cr.Misc. No.35470 of 2009 DINESH PATHAK S/O- LATE FUDAN PATHAK VILL- CHHAPRA MEGH,P.S- MUSHHARI, DISTT- MUZAFFARPUR. …..Petitioner. Versus THE STATE OF BIHAR …..Opposite Party. ----------- 03/ 11.01.2010 Since both the above bail applications have arisen out of an occurrence i.e. Mushahari P.S. Case No. 03 of 2009 under Section 302/34 of the Indian Penal Code are heard together and are being disposed of by this common order. The informant Dhiraj Kumar has alleged that his elder brother Niraj Kumar cried, thereafter, the informant saw that Vikas Kumar was stabbing Niraj Kumar, at that time Niraj Kumar was caught by four persons. Niraj Kumar has told that Vikas Kumar has stabbed him, after making the statement he died and the case was registered. Submission is that the petitioners are known to the informant from before and 2 still they have not been named. The Petitioner Dinesh Pathak is co-villager of the informant and the deceased whereas the Petitioner Vijay Kumar is also nearby villager. Considering the facts and circumstances of the case, the above named petitioners are directed to be released from custody on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur/concerned court in connection with Mushahari P.S. Case No. 03 of 2009. kksinha/ ( Shyam Kishore Sharma, J.)