MD.GULO AND MD.SUDIR BOTH SONS OF LATE NAWAJI v. STATE OF BIHAR

3.2.2009 Since both the above applications arise out of one and the same police case, they have been heard together and are being disposed of by this common order. The petitioners apprehend their arrest in a case which has been registered for offences under Section 302 and some other Sections of the Indian Penal Code and 27 of the Arms Act relating to killing of Md.Sajjad Mukhiya, son of the informant. Altogether 15 named accused persons including 5-7 are unknown are alleged to have committed the offence. It has been submitted on behalf of the petitioners that the police investigated into the matter and found the involvement of these four petitioners to be false and accordingly final form was submitted against these four petitioners and chargsheet has been submitted against other accused persons. The Chief Judicial Magistrate took cognizance also against these petitioners on the basis of protest petition. Considering the facts and circumstances of the case, this application is allowed. The above named petitioners of both the applications are directed to 2 surrender before the court below within twenty days from the date of receipt/production of a copy of this order and on their so surrendering, they shall 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 Chief Judicial Magistrate, Khagaira in Beldour P.S.Case No. 80 of 2003(B)(G.R.No.1505 2003(B) subject conditions as laid down in Section 438(2) of the Code of Criminal Procedure. Tahir/- ( Shyam Kishore Sharma, J.)