IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5513 of 2009 1. PUJARI SAHNI 2. Shyam Sundar Sahni both sons of late Naryan Sahni. Residents of Mohalla Katharbani, Rosera Town, Ward no. 10, P.S. Rosera, District- Samastipur. Versus STATE OF BIHAR ----------- 3 14.9.09 Two petitioners apprehend their arrest in Rosera P.S.Case no. 122 of 2008 registered under Section 302/34 IPC and Section 27 of Arms Act. In the FIR, the informant alleges that two boys came and tried to negotiate for scrap sale with the husband of the informant. They then shot her husband and this case. In the FIR, it is stated that the informant suspected the hands of the petitioners, who are brothers in the murder inasmuch as there are several land dispute cases as between the parties. On behalf of the petitioners, Mr. Suraj Narain Prasad Sinha, learned Senior counsel submits that apart from this vague suspension, there is no other material in this regard. The identity of the two assailants has not been established. In fact, the police submitted final form stating that the case against the petitioners was false. The Magistrate, however, differed and has taken cognizance. It is submitted that apart from suspension, as noted in the FIR, there was no material even before the magistrate to take 2 cognizance as against the petitioners of an offence under Section 302 IPC. Be that as it may, in the event of their arrest/surrender, within four weeks from today, 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 Sri J.K.Dubey, Judicial Magistrate,1st Class,Rosera,District- Samastipur, in Rosera P.S.Case no. 122/08, subject to the conditions, as laid down u/s 438(2) Cr.P.C. Singh ( Navaniti Prasad Singh,J.)