IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11914 of 2009 1.KUNAL MANJHI. 2.ARJUN MANJHI Both sons of Late Faguni Manjhi, resident of Village Bhusaula Danapur Pokhar Par, Police Station Phulwarisharif, District Patna. -----Petitioner Versus STATE OF BIHAR ----------- 3. 10.7.2009 Heard the learned counsel for the petitioners and the State. The offence alleged against the petitioners is under section 302/34 of the Indian Penal Code. It is submitted on behalf of the petitioners that on perusal of the F.I.R. it would appear that petitioner no.1 Kunal Manjhi is not the person who had gone along with other accused persons to call the son of the informant, who was later found dead. With regard to petitioner no.2 it is submitted that he is alleged to have gone to the place where the informant was fishing along with his son and the son of the informant was called by petitioner no.2 and he had taken the son of the informant. Later the son of the informant was found dead. The learned counsel for the petitioners submits that one of the co- accused, namely, Santosh Manjhi, against whom there was no specific allegation of calling the son of the informant, has been allowed bail by this Court as per order dated 18.3.2009 passed in Cr.Misc. No.4244 of 2009. Certified copy of the aforesaid order has been produced by the learned counsel for the petitioners, which is being kept on the record. The learned counsel for the petitioners further submits that during the 2 investigation save and except that the son of the informant was called by petitioner no.2 Arjun Manjhi and others, there is no material against him. Learned counsel for the State on perusal of the case diary submits that the witnesses have stated to the effect that the son of the informant was killed by the accused persons, including the petitioners. However, there is no eye-witness. Considering the facts and circumstances of the case, let petitioner no.1 Kunal Manjhi be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Patna, in connection with Phulwarisharif P.S. Case No.406 of 2008. However, considering the nature of the allegations and its seriousness, I am not inclined to grant bail to petitioner no.2. Arjun Manjhi. Accordingly, this application on his behalf is rejected. PNM (Shailesh Kumar Sinha, J.)