IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35853 of 2008 RAGHU SADA & ASHOK YADAV Versus STATE OF BIHAR ----------- 3. 12.11.2008 Heard Sri Neeraj Kumar, Advocate for the petitioners and the learned A.P.P. for the State. The case is under Sections 302 and 376 IPC and there was initially a suspicion against Jata Shankar Rai who has not sent up for trial and enjoy the privilege of bail. Subsequently, after about five years of the incident the police started recording certain statements as appears from paragraph 116 etc of the case diary creating circumstances. The contention is that if at all those persons had seen the petitioner and others emanating from a garden then it does not prudent to be acceptable that they should keep five long years. Let the above named two petitioners be released from custody on furnishing bond of Rs.5,000/- (five thousand)each with two sureties of the like amount each to the satisfaction of C.J.M. Saharsa in Bihra P.S.Case No.70 of 2002. B.Kr. ( Dharnidhar Jha, J. )