IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37872 of 2008 MD.JOHNY, SON OF LATE MD. NASIRUDDIN, RESIDENT OF MOHALLABATAU KUAN, P.S. CHOWK, DISTRICT PATNA Versus THE STATE OF BIHAR WITH Cr.Misc. No.39134 of 2008 MD.SHAHID, SON OF LATE MD. NASIRUDDIN, RESIDENT OF MOHALLA BATAU KUAN, P.S. CHOWK, DISTRICT PATNA Versus THE STATE OF BIHAR ----------- 3. 23.12.2008 Heard learned Advocate of the petitioners and learned A.P.P. for the State. Petitioners of both these applications, namely, Md. Johny and Md. Shahid, are accused in a case instituted under Sections 302/34 and 120B of the Indian Penal Code and Section 27 of the Arms Act. It has been submitted by learned Advocate of the petitioners that the petitioners are own brothers of the deceased and they have been falsely implicated in this case by Bhabhi of the petitioners only on suspicion. He submitted that the order of the learned Sessions Judge also speaks that except suspicion, there is no other material against the petitioners. He submitted that 2 under similar circumstance, co-accused Md. Kallu @ Gullu has been granted bail by a Bench of this Court vide Cr. Misc. No.27366 of 2003. Considering the submission of both sides, petitioners of both these applications, namely, Md. Johny and Md. Shahid are ordered to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Patna in connection with Kadamkuan (Kankarbagh) P.S. Case No.394/2002. BT (Syed Md. Mahfooz Alam, J.)