IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8373 of 2010 RAJU MIYAN @ RAJU KUNJARA @ NAUSHAD ALAM . S/o Rahmatullah Alam resident of village Waliganj PS Ara Town Dist. Bhojpur Versus STATE OF BIHAR . with Cr.Misc. No.9777 of 2010 NAND KISHORE TELI . S/o Rajendra Prasad resident of village Mira Chak PS Ara Town Dist. Bhojpur Versus STATE OF BIHAR . ----------- 03/ 25.06.2010 Heard learned counsel for the petitioners and the State. Petitioners are languishing in jail in a case registered under sections 302,307,120B, 114 of the Indian Penal Code and 27 of the Arms Act. In the FIR the specific allegation of assault to the deceased has been made against Saheb Paswan, Md Sabub and Munnu Singh whereas allegation of assaulting the informant is against 14/15 unknown persons. Name of the petitioner- Raju Miyan sprang up after one month of the occurrence in the statement of Santosh and Md.Shabuddin as they saw this petitioner near the place of the occurrence on the date of the occurrence. So far petitioner-Nand Kishore Teli is concerned, against him suspicion has been raised in the FIR that he informed the accused person about presence of deceased at least to Ranjeet Teli who was on inimical term with the petitioner. It is submitted that said Ranjeet Teli has been granted bail vide Cr Misc. no. 7393 of 2010. The computer report reflects as such Petitioner- Raju Miyan has no criminal antecedent as apparent from report at flag “A” whereas petitioner- Nand Kishore Teli is involved in one other case apart from present one that was registered in 1991. - 2 - Learned counsel for the State submits that there are materials in the case diary that petitioners play role of conspirators in the matter. Considering the facts that there is no specific overt act alleged in the FIR against the petitioners and no such material has come during investigation, let the petitioners be released on bail in connection with Ara Town P.S. Case no. 320 of 2009 on furnishing bail bond of Rs 10,000-/ with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur at Ara. shahid (Dinesh Kumar Singh,J)