IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13837 of 2011 1. Nagendra Kumar Yadav son of Bachcha Yadav, resident of village- Pujahan Patjirwa Tola Banarhi, P.S. Shrinagar, District- West Champaran. 2. Rinku Kumar @ Rinku Barnwal son of Naresh @ Naresh Barnwal, resident of village- Kathiya Mathiya, P.S. Kangali, District- West Champaran --- Petitioners. Versus The State Of Bihar --- Opp. Party. ----------- 3/ 22-07-2011 Heard the parties. In a criminal prosecution registered under sections 302, 120B, 34 of the Indian Penal Code as also under section 27 of the Arms Act, the petitioners are not named in the F.I.R. as accused, though five other persons have been specifically named in the F.I.R. as accused. It is submitted by learned counsel for the petitioners that during the course of investigation, in paragraph- 39 of the case diary one Ram Babu Baitha has claimed himself to be eye witness and he has stated that co-accused Samir Ansari fired upon the deceased. The other accused persons were present there in the company of co-accused Samir Ansari, yet name of the petitioners has not been disclosed in paragraph-39 of the case diary. Subsequently, the complicity of the petitioners also transpired, but no specific role has been assigned against them for committing the crime in question. Learned counsel for the petitioners further submits that co-accused Dinesh Ram and co-accused Sahil Ahmad @ Sahil Ansari with almot similar and 2 identical allegation have been granted bail by a Bench of this Court. In the facts and circumstances of the case, let the above named petitioners be enlarged on bail on furnishing bail bond of Rs. 10,000/-each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, District West Champaran in connection with Bettiah Town P.S. Case No. 465 of 2010. BTiwary/ ( Birendra Prasad Verma, J.)