IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28883 of 2009 PRAKASH MISTRY @ JAI PRAKASH MISTRY Versus THE STATE OF BIHAR With Cr.Misc. No.31022 of 2009 BINOD RAM Versus STATE OF BIHAR ----------- 02 28.08.2009 Heard both sides. Both the matters arise out of Daniyawan P.S. Case no. 81 of 2007, and as such, they have been heard together. The present order shall govern both the cases. Allegation as per F.I.R. is that the petitioners were seen with the deceased in the last evening. Following day the dead body was found hanging in a saloon. Learned counsel for the petitioners submits that there is no eye-witness to the occurrence. The deceased was residing in the house of the informant as son-in-law. There was some quarrel/dispute in the family, as a result thereof, he committed suicide. Learned counsel for the petitioners drew attention of the court to the averments made in paragraph no.12 of the bail application and submitted that the Senior Police Officer also doubted the veracity of the case and suspected it to be a case of suicide. Impugned order reflects that on the basis of statements of two witnesses prayers for bail made on behalf of the petitioners have been rejected. Learned counsel for the petitioners handed in two orders of this court passed in Cr. Misc. 2 No. 30684 of 2009 ( Suresh Ram Vrs. State of Bihar) and also Cr. Misc. No. 21797 of 2008 ( Munni Devi Vrs. State of Bihar). Referring to aforesaid orders learned counsel for the petitioners submits that the co-accuseds with identical allegations have been privileged with bail. Those copies of order were marked as X and Y respectively. Looking to the reasons assigned in these orders, this court is also persuaded to extend the same benefit to the petitioners in both the cases. Let the petitioners above named in both the cases, be released on bail on furnishing bail bond of Rs. 10,000 ( ten thousand) each with two sureties of the like amount each to the satisfaction of the A.C.J.M. Patna City, Patna in connection with Daniyawan P.S.Case no. 81 of 2007, subject to the condition that in each of the case one of the bailors should be the own/close family member of the petitioners. Sym/ (Kishore K. Mandal, J.)