IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21928 of 2011 1. Srikant. 2. Om Prakash, both sons of Bishunpat Ram. 3. Khalasi @ Shailendra Ram, son of Brij Nandan Ram. 4. Langarha @ Sujit Kumar, son of Late Upendra Ram. All resident of village-Alampur, P.S. Parasbigha, District-Jehanabad. ………………………………………………...Petitioners. Versus The State Of Bihar…………………….Opposite Party. ---------------------------------- For the Petitioners : Mr. Jogendra Kumar, Advocate. For the State : Mr. D. Mehta, A.P.P. For the Informant : Mr. Ajay Kumar-I, Advocate. ---------------------------------- 5. 4.11.2011. Heard learned counsel for the petitioners, learned A.P.P. for the State and the learned counsel for the informant. The petitioners are accused in Parasbigha P.S. Case No.21 of 2011 registered under Sections 302/34 and 120(B) of the Indian Penal Code besides Section 27 of the Arms Act. Learned counsel appearing on behalf of the petitioners submits that while the petitioners alongwith the co- accused, Lala, are named in the F.I.R., but no specific overt act has been alleged against them. Moreover, none of the witnesses in course of investigation have claimed to be eye 2 witnesses of the occurrence and all the witnesses are hearsay witnesses. Learned A.P.P. for the State has opposed the prayer for bail of the petitioners stating that the petitioners are named in the F.I.R. with the allegation of committing the murder of the deceased, Dhiraj Kumar, but submitted that none of the witnesses, as examined in course of investigation, have claimed to be eye witnesses to the occurrence. The allegation of the informant, Bishwanath Prasad, is that on the date of occurrence, i.e., 10.3.2011, he received the information on telephone about committing the murder of his nephew, Dhiraj Kumar, at the School by the petitioners and the cause of occurrence is stated to be that Shisupal Ram, the younger brother of the deceased, Dhiraj Kumar, had performed the marriage with Soni, the sister of the co-accused, Lala, without the consent of her parents. It appears from the report of the Superintendent of Police, Jehanabad, kept at flag ‘X’ that the petitioners have got no criminal antecedents. Having regard to the facts and the circumstances of the case, all the petitioners abovenamed, are directed to be released on bail on their furnishing bail bond of Rs.10,000/- 3 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jehanabad, in connection with Parsbigha P.S. Case No.21 of 2011. P.S. (Rajendra Kumar Mishra, J)