IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41548 of 2009 1.SUBODH SAH 2.Binod Sah @ Ashok Sah, Both are sons of Sri Bhado Sah, Resident of village Kulharia, Police Station Parbattta, District Khagaria. Versus STATE OF BIHAR 2 2/12/2009 Heard counsel for the petitioner and counsel for the State. The two petitioners Subodh Sah and Binod Sah @ Ashok Sah facing prosecution for the offence under sections 302 and other allied sections of the Indian Penal Code and section 27 of the Arms Act would basically seek such privilege of bail on the ground that not only the petitioners were not named in the First Information Report but nothing tangible could emerge against them in course of investigation so as to hold them the main assailants of the deceased. Counsel for the petitioners would also submit that the petitioners in fact have got no criminal antecedents as is clearly asserted in paragraph 9 of the bail application. This Court on perusal of the materials on record and the line of investigation taken by the police would find that even though certain materials were found against the other co-accused including Nuro Mian and Bhado Sah (Paragraph 93 of the case diary) recording statement of one Md. Reyaz even such scanty sketch material is not available against the petitioners. That being so, the petitioners being in custody since 15.7.2009 would be entitled to be released on bail specially when another co-accused Daud Mian in the similar circumstance has already - 2 - been released on bail in Cr. Misc. No.32658 of 2009. That being so, the petitioners, namely, 1.Subodh Sah and 2.Binod Sah @ Ashok Sah are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria in Parbatta P.S. Case No.101 of 2008, G.R. No.830/2008, subject to the condition that one of the bailer of the petitioners must be either of their parents or wife. Abhay Kumar (Mihir Kumar Jha, J.) -----------