IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33326 of 2009 1. BINOD PODDAR @ BINOD KUMAR PODDAR SON OF BISHWANATH PODDAR 2. RAJU KARMAKAR S/O SUBOUL KARMAKAR BOTH ARE RESIDENTS OF VILLAGE-AZAM NAGAR, P.S. – AZAMNAGAR, DISTT. KATIHAR. --------- PETITIONERS. Versus STATE OF BIHAR ----------- 3. 24/11/2009 Heard learned counsel for the petitioners and learned counsel for the State. The case is under Section 302 read with Section 34 of the Indian Penal Code. The body of deceased was found near the home signal of a Railway Station. The allegation is that the petitioners along with the deceased were travelling on train and these petitioners pushed the deceased out of the boggy. Learned counsel for the petitioners submits that it was an accident and after the train stopped, they immediately rushed to locate the deceased to inform the authorities. He also submits that the deceased had accompanied with the petitioners on his own volition. He submits that F.I.R. has been instituted after twenty days of the occurrence and motive has been attributed against the petitioners on account of labour dues of Rs. 6,000/- of the deceased. He submits that except for the said suspicion raised so belatedly, there is no material against the petitioners. The petitioners themselves have surrendered on 22.7.2009 and 4.8.2009 respectively and since then they are in judicial custody. It is 2 said that confessional statement of petitioner No. 1 was falsely recorded by the Police to give credence to the prosecution case. Considering the above facts and circumstances of the case and specially the delay in lodging the F.I.R., this application is allowed. Let petitioners above named be enlarged 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 Railway Judicial Magistrate, Katihar, in connection with Kishanganj (Barsoi) P.S. Case No. 22 of 2009 (G.R. No. 76 of 2009) with conditions as laid down in sub-section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioners. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioners and take steps for their arrest. S.Ali (J.N. Singh, J.)