IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23828 of 2009 1. RANJIT PRASAD SINGH 2. GARHAN PRASAD. --- PETITIONERS. Versus STATE OF BIHAR --- OPP. PARTY. ----------- 2 03.08.2009 Heard both sides. Petitioners, who are two in numbers, have approached this court seeking bail in a case instituted under Sections 302 and 201/34 of the Penal Code. The deceased had gone to watch an orchestra program. Next day his headless body was found in a well. The mother of the deceased lodged an F.I.R. which was against unknown. In her re-statement, she has stated that on the preceding evening in the village the deceased was seen talking to the petitioners. It is further alleged that in her third statement she has not stated about this fact. Learned counsel for the petitioners emphatically asserts before this court that nobody has made any statement incriminating the petitioners in the present occurrence in any possible manner. He further submits that both the petitioners who are co-villagers were arrested next day at their respective houses. Learned A.P.P. appearing on behalf of the State, looking to the impugned order is not in a position to refute this stand of the petitioners. 2 In the facts and circumstances of the case, petitioners above named, are directed to 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 the C.J.M. Saran (Chapra) in connection with Baniapur P.S.Case no. 43/09, subject to the condition that one of the bailors should be the own/close family member of the petitioners. Sym/ (Kishore K. Mandal, J.)