IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5777 of 2010 1. RAM AUTAR SAHANI, son of Khub Lal Sahani 2. Kishun Yadav, son of Ram Deo Yadav Both are residents of Village-Sidhap Kala, P.S.-Ladaniya, District-Madhubani. .. Petitioners Versus THE STATE OF BIHAR .. Opp.Party ----------- For the Petitioners : Mr. Gagandeo Yadav, Advocate For the State : Mr.M.Khare, AddlP.P. For the Informant : Mr. Amit Kumar,Advocate ----------- 03/ 21-05-2010 Heard the parties including the learned counsel appearing on behalf of the informant. In a criminal prosecution for the offence under Sections 302 and 201 of the Indian Penal Code, the petitioners are not named in the FIR as accused. It is submitted by the learned counsel for the petitioners that even during the course of investigation none of the witnesses has claimed to be an eye witness of actual occurrence of murder. It is further submitted that because of some previous litigations between the parties only suspicion has been raised against the petitioners showing their involvement in the crime in question. Learned counsel for the informant and the State have opposed the prayer for anticipatory bail made on behalf of the petitioners, but have not been able to point out that there is any legal material to show the involvement of the petitioners directly in commission of the crime in question. Even the statement of wife of the deceased indicates that she was having suspicion about involvement of the petitioners in the crime in question merely on 2 the basis of previous enmity. Be that as it may, since the entire prosecution case against the petitioners is based on suspicion and surmises, in the event of arrest/surrender within a period of four weeks from today in Babubarhi P.S.Case No.88 of 2009, the above named petitioners shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand)each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhubani, subject to the conditions as laid down under sub- section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Birendra Prasad Verma, J.)