IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40412 of 2011 1. Kadir, Son of Late Gaffur @ Dillu. 2. Sk. Shamim, Son of late Gaffur @ Dillu. Both R/o village-Mathaur, P.S.-Kasba, District-Purnea Versus The State of Bihar -------- 2 02.12.2011 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State. The petitioners seek bail in connection with a case registered under Sections 302, 328/34 of the Indian Penal Code. It is stated that in course of investigation, it transpired that the prosecution case was false. The investigating officer submitted final report holding therein that the accused persons were implicated in the case due to village politics and the victim had consumed adulterated country made liquor which turned poisonous as a result of which he died. Subsequently, it appears that the learned Magistrate differing with the police report took cognizance of the offence. The petitioners are in custody since 24.8.2011. Considering the facts and circumstances of the case, the petitioners are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea in connection with Kasba P.S. Case No. 134 of 2004. Sanjeet/ (Ashwani Kumar Singh, J.)