IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1068 of 2009 MOHD.MERAJ S/O-Mohd. Irshad, R/O-Vill-Mohabatpur dhaka, P.S.-Dhaka, Distt.-East Champaran. …………………………………………..Petitioner. Versus STATE OF BIHAR ……………………………………..Opposite Party. WITH Cr.Misc. No.1070 of 2009 MD.SHAHID S/O-Md. Meraj, R/O-Vill-Mohabatpur, P.S.-Dhaka, Distt.-East Champaran. …………………………………………..Petitioner. Versus STATE OF BIHAR ……………………………………..Opposite Party. ----------- 3/ 20.04.2009 Since both above these bail applications have arisen out of one occurrence i.e. Dhaka P.S. Case No. 40 of 2008, they have been heard together and are being disposed of by this common order. The petitioners are only named accused of the case. Md. Rizwan received information that Md. Sartaj has been stabbed to death in Dhaka bazaar. The informant and his uncle rushed and found him injured who were referred to Dhaka hospital and later on to Motihari hospital but while treatment he was dead. Md. Sartaj had given Rs. 2 lakhs to Meraj and was pressurizing him to return the same and that was the motive - 2 - of his killing. Submission is that even according to the informant, he has not seen the occurrence and he has gone to the place of occurrence after receipt of the telephonic message. In course of investigation, only witness in para-20 of the case diary has claimed to seen the occurrence. During investigation, it has come that the deceased was associated with “D” Company and was a member of inter-state gang of criminals. Learned Counsel for the informant has opposed the prayer for bail and has stated that the witness examined in paragraph-20 was not related to the family of the informant. He might not have been shown to be the informant but is an eye-witness. Considering the facts and circumstances of the case, the petitioners Mohd. Meraj (in Cr. Misc. No. 1068 of 2009) and Md. Shahid (in Cr. Misc. No. 1070 of 2009) are directed to be released on bail on furnishing bail bonds of Rs. - 3 - 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of S.D.J.M., Sikrahana in connection with Dhaka P.S. Case No. 40 of 2008. kksinha/ (Shyam Kishore Sharma, J.)