Judgment :- Jayanta Kumar Biswas, J. The five petitioners accused of offences under ss.147/148/149/325/326/307/302/120B IPC, ss.25/27 Arms Act and ss.3/4 Explosive Substances Act and in custody from May 8, 2013 are seeking bail under s.439 CrPC. Advocate for the petitioners has submitted as follows. The incident took place on September 21, 2012. The FIR was lodged only on September 22, 2012. It is a politically motivated case based entirely on false allegations. The petitioners are cultivators, a Panchayat Sahayak and a Headmaster of a school. Curiously the investigation has not yet been completed. The petitioners stand on the same footing as the accused on bail. Mr. Public Prosecutor opposing bail has produced the case diary and drawn our attention to the eyewitness statements at pp.25, 26, 27 & 29. He has also referred to the statement of the injured and the seizure list at p.152 showing recovery of a pipe-gun from the first petitioner. The case diary materials reveal that the petitioners were named in the FIR and also in the eyewitness statements. In the incident two persons were murdered. The persons who have been granted bail were not named in the FIR or in the eyewitness statements. Hence we are unable to accept that the petitioners stand on the same footing as the accused on bail. Though the FIR was lodged as back as September 22, 2012, the petitioners have surrendered only on May 8, 2013. There are thirty-seven accused. On the facts, we are of the view that it is not a fit case for bail. For these reasons, we dismiss the CRM.