IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9262 of 2009 1. RAJA, son of Moizur Rahman 2. Asadullah, son of Samiullah 3. Amjad Heyat Khan, son of Samiullah 4. Alam, son of late Ibrahim 5. Tabrez, son of Kamrul 6. Kamrul, son of Barkat All residents of village Barra, P.S. Kusheshwar Asthan, District- Darbhanga---------------------------------------------------Petitioners. Versus STATE OF BIHAR ----------- 2. 13.4.2009 Heard learned counsel for the petitioners and the State. Counsel for the informant has appeared and opposed the prayer made on behalf of the accused persons with an order of rejection passed against one of the co-accused, namely, Md. Kaiser @ Kaiser but I fails to understand the circumstances under which petitioners arrest can be justified as there is only allegation of demand that also earlier no payment was made. Md. Faisal was taken, whatever may be the intention of the petitioner, but no harm was caused to him and firing was shot upon the informant and another, who went there to rescue the boy. The boy was left out by them even no injury was caused to anyone. According to the learned counsel, the whole case is false due to filing of a case by their relation Zarina for murder of her son. I find it not a case in which petitioners’ prayer can be refused finding their case similar to one Md. Kaiser. Accordingly, in the event of arrest or surrender within one month from today in Kusheshwar Asthan P.S. case no.13 of 2009, the above named petitioners shall be released on bail on furnishing bail - 2 - bond of Rs.10,000/-( Ten thousand) each with two sureties of the like amount each to the satisfaction of the S.D.J.M., Biraul at Benipur(Darbhanga) , subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh, J )