IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16154 of 2010 SK.NURUL & ANR Versus THE STATE OF BIHAR with Cr.Misc. No.16807 of 2010 SEKH FAIYAJ @ FAIJU Versus THE STATE OF BIHAR ----------- 03. 09.07.2010 Petitioners are languishing in jail in connection with a case registered under Sections 302, 201, 34 of the I.P.C. It is alleged in the F.I.R. that on the sound of cutting of the informant bamboo the informant went in the orchard and found the dead body of the son. Suspicion has been raised against the petitioners because some of the petitioners with others were found cutting the bamboo of the informant earlier to which the son of the informant objected. Learned counsel for the petitioners submitted that on mere suspicion they have been roped in the present case and they have no criminal antecedent. Learned counsel for the State after going through the case diary has submitted that there was some altercation prior to the occurrence, hence suspicion has bonafidely been raised against the petitioners but has further submitted that there is no direct allegation in the entire case diary against the petitioners. 2 Considering the fact that only suspicion has been raised against the petitioners and there is no eye witness to the occurrence and petitioners have no criminal antecedent, let the petitioner namely 1. S.K. Nurul @ Shekh Nurul 2. S.K. Munna @ Shekh Munna 3. Sekh Faiyaj @ Faiju, 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 Chief Judicial Magistrate, Bhagalpur in connection with Pirpainty P.S. Case No. 243 of 2009. It is made clear that if the petitioners shall choose not to appear on three consecutive dates, the Trial Court will be at liberty to cancel the bail bond of the petitioners. Shageer ( Dinesh Kumar Singh, J.)