IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44678 of 2010 MANOJ @ MANOJ RAM @ GENDU BHUIYA Versus THE STATE OF BIHAR with Cr.Misc. No.41718 of 2010 NARAYAN YADAV Versus STATE OF BIHAR ----------- 2 27.01.2011 Heard learned counsel for the petitioners as well as learned counsel for the state. Both the above-said Cr. Misc. Cases arise out of the same case i.e. Dehri Town P.S. Case No. 68 of 2010 registered under sections-393 and 302 of the of the Indian Penal Code as also section-27 of the Arms Act and accordingly, both the above-said Cr. Misc. Cases are being disposed of by this common order. Allegedly, three persons tried to snatch the belongings of the informant on the alleged date of occurrence. The informant went to his village and again returned alongwith his co-villagers who started searching the criminals. In course of that search, some firings were made and one, Binay Kumar Singh sustained fire-arm injury who was taken to Hospital where he was declared brought dead. Allegedly, the aforesaid firing was made by petitioner in Cr. Misc. No. 41718 of 2010 and the informant claimed to have identified the petitioner making firing in the light of torch. In course of hearing, learned - 2 - counsel for the petitioners as well as learned counsel for the state fairly conceded this fact that except the informant, Rakesh Kumar, none of the witnesses has claimed to have seen the petitioner making firing on the deceased, Binay Kumar Singh. Admittedly, the petitioner in Cr. Misc. No. 41718 of 2010 was not apprehended by the villagers at the spot. It is pointed out by learned counsel appearing in Cr. Misc. No. 44678 of 2010 that although the petitioner was said to be apprehended by the villagers at the spot but having similar allegation, one Krishna Singh has already been granted privilege of bail by another Bench of this court vide order dated 27.09.2010 passed in Cr. Misc. No. 31944 of 2010. Considering the above-said submissions as well as this aspect of the matter that it is a case of only one identification that is too in doubtful condition in respect of the petitioner in Cr. Misc. No. 41718 of 2010, both the petitioners, namely, Manoj @ Manoj Ram @ Gendu Bhuiya and Narayan Yadav are directed to be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Dehri Town P.S. Case No. 68 of 2010 corresponding to Sessions Trial No. 218 of 2010 to the satisfaction of Additional Sessions Judge-(F.T.C. No. IV), Rohtas at Sasaram. AKV/- (Hemant Kumar Srivastava,J.)