IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24433 of 2008 1. LALAN YADAV S/o- Chandi Yadav R/o- Village _ Nainaha P.S. Danha District – West Champaran 2. Shrawan Yadav @ Sarwan S/o- Indradeo Yadav @ Chandradeo Yadav R/o- Village Gulariya P.S.- Thakraha District – West Champaran Versus THE STATE OF BIHAR ----------- 4. 07.11.2008 Heard learned counsel for the petitioner and the State. Petitioners are accused in a case registered for the offences under Sections 147, 148, 149, 323, 307, 353, 435, 436, 332, 333,427, 379, 337, 338 and 504 of the Indian Penal Code. It is submitted that the present FIR has been lodged in retaliation of the earlier case lodged by the petitioner no. 2 on account of killing of his brother-in-law as contained in Annexure-2. Learned counsel for the State opposes the prayer for bail and submits that there is specific allegation against the named accused including these petitioners having specific - 2 - overt act over them as alleged in the First Information Report Having considered the submissions, as noticed above, and in the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner no. 2, namely Shrawan Yadav be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M., Bagha, West Champaran in connection with Dhana P.S. Case No. 74 2008 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. So far as petitioner no. 1, Lalan Yadav is concerned, considering the nature of allegation, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail on behalf of the petitioner is rejected. Jagdish (Shailesh Kumar Sinha,J)