IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18341 of 2008 LALI SINGH Versus STATE OF BIHAR with Cr.Misc. No.21570 of 2008 GIRIJA SINGH & ANR Versus STATE OF BIHAR with Cr.Misc. No.8471 of 2008 HARA RAM SINGH & ANR Versus THE STATE OF BIHAR ----------- 3 16/07/2008 Above noted three applications have arisen out of one occurrence i.e. Natwar P.S. Case No. 70 of 2007 as such they have been heard together and are being disposed of by this common order. The petitioners are accused of a case registered under sections 302/34 of the Indian Penal Code. Altogether five persons are named as accused regarding killing of two persons, Bijli Singh and Ratan Singh by silting their throats. Though according to the allegation, the informant was sleeping on the Dalan at that time but he has not seen the occurrence. Suspicion is that the petitioners used to call the informant’s mother as witch. That was protested so the occurrence was committed. The petitioners are named in the FIR only on the basis of suspicion and not in the capacity of the fact that they were either seen committing murder or doing any such act. Submission is that at belated stage on the basis of statement of one of the petitioners Jaj Singh; one Bhujali has been recovered. - 2 - With regard to recovery of Bhujali, it has been submitted that there was no blood stain on its face and the seizure list witnesses namely Mahendra Singh and Birendra Singh have not been examined to support the seizure in their presence. Learned counsel for the informant submitted that in course of investigation, wife of one of the deceased stated that in the night she has seen the petitioners passing through that area. The occurrence is of the night and according to the allegation, the informant and others were present on the same Dalan where the murder was committed but they have not seen the occurrence. Seizure list witnesses have also not been examined. Considering the facts and circumstances of the case, the petitioner Lali Singh of Cr.Misc. No. 18341 of 2008, petitioners Girija Singh, Jaj Singh of Cr. Misc. No. 21570 of 2008 and the petitioners Hare Ram Singh and Pulwari Singh @ Phulwari Singh of Cr. Misc. No. 8471 of 2008 are directed to be released on bail on furnishing of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the F.T.C. No. III/C.J.M./S.D.J.M,/concerned court, Rohtas/Bikramganj at Sasaram in S. T. No. 146 of 2008 arising out of Natwar P.S. Case No. 70 of 2007. avin. (Shyam Kishore Sharma, J.)