IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8758 of 2009 1.RAJ MANGAL RAI @ BHUTARI RAI 2.JAI MANGAL RAI @ BODHA RAI BOTH SONS OF LATE AMIRI RAI RESIDENT OF VILLAGE MANIYARI,P.S.SITAMARHI,DISTT.SITAMARHI Versus STATE OF BIHAR With Cr.Misc. No.25552 of 2009 SANJAY RAI SON OF RAMASHISH RAI @ RAMASHISH PRASAD YADAV RESIDENT OF VILLAGE MANIYARI,P.S.& DISTRICT SITAMARHI Versus STATE OF BIHAR ----------- 3/ 20.8.2009 Both the above applications have been heard together and are being disposed of by this common order because they have arisen out of one occurrence. The petitioners seek bail in a case which has been registered for offences under Sections 328 and 302/34 of the Indian Penal Code regarding suspected killing of the informant’s brother Ram Sohai Yadav who was suspected to be involved in getting the wife of petitioner Jai Mangal Rai to go to her paternal house. The informant’s brother was caught on 28.12.2008 at about 6.00 P.M. by the petitioners and others and he was thrown in unconscious position in front of his house on 30.12.2008 at 10.00 A.M. The informant’s brother was brought to hospital but in course of treatment, he died at 10.00 P.M. on that date. Submission is that in course of investigation, witnesses have stated that they have seen the occurrence when the victim was being assaulted by the petitioners and others but the doctor has not found any ante-mortem injury which goes to show the false implication of the petitioners. The petitioners have fair antecedent and no body has seen the occurrence. The case of poisoning has not been 2 substantiated. The prayer for bail of the petitioners has been opposed by learned counsel appearing for the informant. Considering the facts and circumstances of the case, let the above name petitioners of both the applications 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 learned Chief Judicial Magistrate/concerned court, Sitamarhi in Sitamarhi P.S.Case No. 686 of 2008. Tahir/- ( Shyam Kishore Sharma, J.)