IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34971 of 2010 1. TEJ NARAYAN OJHA @ Chulhai Ojha /so late Brhamdeo Ojha. 2. Uma Shankar Ojha s/o late Binda Pd. Ojha. All resident of village Amma P.S. Hathauri, District- Muzaffarpur. Versus STATE OF BIHAR ----------- 2 11.10.2010 The two petitioners are in custody since 26.7.2010 in course of trial in relation to Hathauri P.S.Case no. 5 of 1998 instituted under Section 307 and other Sections of Indian Penal Code. Learned counsel for the petitioners submits that the petitioners were neither named in the FIR nor named in course of investigation nor charge sheeted. When the trial was being conducted , P.W.3 named having seen the petitioners run from the place of occurrence . The learned trial Court in Sessions Trial no.553 of 2001 summoned the petitioners under section 319 Cr.P.C. Upon petitioners’ appearance, they have been remanded to custody. The trial Court has recorded that the trial is likely to be concluded within four month and accordingly refused to release the petitioners on bail. It is further stated that in the trial six witnesses have been examined, out of which three have come hostile and two have not named the petitioners .Only one person named seen the petitioners fleeing away from the place of occurrence. It is also stated that petitioner no.1 is about 80 years and petitioner no.2 is about 84 years old. 2 Considering the aforesaid facts, let above named petitioners 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 Additional District & Sessions Judge, FTC-3, Muzaffarpur in Sessions Trial no. 553 of 2001 (Hathauri P.S.Case no. 5/98). singh ( Navaniti Prasad Singh, J.)