IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37578 of 2008 1. SHEO KUMAR CHOUDHARY 2. CHHOTE CHOUDHARY @ DHARMENDRA CHOUDHARY Versus STATE OF BIHAR For the petitioner : Mr. Ashok Kumar Mishra, Advocate For the State : Mr. Upendra Kumar, APP ----------- 3 22.12.2008 Heard. The two brothers seek bail in a case instituted under sections 337, 379, 302, 201/34 of Indian Penal Code. As per allegation in the F.I.R., the deceased, while returning home sat in the toddy shop of two named accused namely Kishori Choudhary and Nagina Das. It has been alleged that after taking toddy, the son of the informant became senseless whereafter two named accused persons assaulted him with bricks, rocks, stones etc and caused death. Counsel for the petitioner submits that petitioners are not named in the F.I.R.. There is no direct allegation against them. It has further been submitted that in course of investigation, sandle was recovered from the house/shop of the father of the petitioners namely Kishori Choudhary. On that basis, it has been submitted that the petitioners have been drawn into the case. It has further been submitted that petitioner no. 1 is in custody since 28.6.2008 whereas petitioner no. 2 is in custody since 1.7.2008. Counsel for the State, learned APP submits that there - 2 - is strong motive so far as the petitioners are concerned as in course of investigation, it has come that deceased has developed an illicit relationship with daughter-in-law of the accused namely Kishori Choudhary. Having regard to the entire conspectus of the case and keeping in view the fact that the death was caused at the hands of the two named accused, this Court is inclined to admit the petitioners to bail. Let the petitioners abovenamed be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand)each with two sureties of the like amount each to the satisfaction of learned C.J.M., Nalanda at Biharsharif in connection with Giriak P.S. case no 123/2007 subject to the condition that one of the bailers should be own/closed family members of the petitioners. pkj ( Kishore K. Mandal, J )