IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32877 of 2009 JALI BIND Versus The STATE OF BIHAR ---with--- Cr.Misc. No.43755 of 2009 RAJESH KUMHAR Versus The STATE OF BIHAR ------ 3/ 06.01.2010 Heard learned counsel for the petitioners and learned counsel for the State. Submission of the learned counsel for the petitioners is that informant’s wife though was shot but by unknown persons. Petitioners’ name appeared only in the statement of informant’s brother that also after more than a month in his statement under Section 161 of Cr. P.C. According to the learned counsel that is to the effect that petitioners were seen fleeing but if that would have been the fact that was not informed to the informant which never can be accepted and basing the same, the petitioners’ arrest is not justified. I agree with the submission of the learned counsel for the petitioner. Accordingly, the prayer of the petitioner is allowed. In the event of arrest or surrender within one month from the date of receipt/production of a copy of this order in connection with Bhabua (Sonhan) P.S. Case No. 121 of 2009, above named petitioners shall 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 C.J.M., Kaimur at Bhabua subject to the conditions as laid down under Section 438(2) of Cr. P.C. shail (Mandhata Singh, J.)