IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15709 of 2011 1. Md. Ishaque, S/O-Late Sursur Sah 2. Md. Nayeem, S/O-Md. Ishaque Versus The State Of Bihar ----------- 03 16.08.2011 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners are in jail custody since 17.01.2011 in connection with Khodawandpur P.S. Case No. 50 of 2010 registered under Sections 364/34 of the Indian Penal Code. Petitioners are named in the first information report with allegation that they along with other accused took the deceased to their house and subsequently, the dead body of the deceased was found. In course of investigation, informant and some other witnesses have stated that it was co-accused Md. Azad who took the deceased to his house. Furthermore, I find that the statements of some witnesses were recorded under Section 164 of the Cr.P.C. and the above said witnesses very specifically stated that it was co-accused Md. Azad who opened fire on the deceased and subsequently, the deceased was taken towards a river by the aforesaid Md. Azad and petitioners. It is an admitted position that the dead body of the deceased was found near a river. So, even if, the aforesaid materials assumed to be true, then also, it was co-accused Md. Azad who opened fire on the deceased. Considering the aforesaid facts and circumstances as 2 well as submissions of the parties, let the petitioners be released 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 Chief Judicial Magistrate, Begusarai in connection with Khodawandpur P.S. Case No. 50 of 2010. SHAHZAD ( Hemant Kumar Srivastava, J.)