( 1 ) THESE are two bail applications, one filed by Mohammad Farooq and the other filed by Izhar Ahmad alias Izhar Ali, which I propose to dispose o together as they are inter-connected and involve the same questions of law and fact.

( 2 ) BOTH the applicants (Mohammad Farooq and Izhar Ahmad alias Izhar Ali) are wanted in a case Under Section 302 I. P. C. for the murder of one Brij Bhushan Dubey. At the relevant time, Brij Bhushan Dubey was Deputy Jailpr in Sampurnanand Open Air Jail, Gurua. On 30-4-77, at about 6 A. M. , Brij Bhushan Dubey was taking his tea at the tea-stall of one Kenhaiya when six persons came there in a Jeep bearing No. D. L. L 7173. Those six persons alighted from the jeep. They were armed with guns and pistola They threatened to kill Brij Bhushan Dubey saying that he had maltreated one of their relations while the was in Sampurnanand Open Jail. Brij Bhushan Dubey felt panicky, threw down his cup of tea and started running to gave his life. Those, persons gave him a chase, fired upon him and killed him. They then left the plaqe with a, view to escape. On of them (went to the jeep which was parked near the iea-stall of Kanhaiya and drove it, awa