IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12789 of 2009 1. YOUGENDRA RAJAK @ YOUGI RAJAK 2. BISHAMBHAR RAJAK Versus STATE OF BIHAR WITH Cr.Misc. No.13754 of 2009 1. LAXMI RAJAK 2. MUKESH RAJAK 3. PAPPU RAJAK Versus STATE OF BIHAR ----------- 3 27.07.2009 Both matters relate to the same occurrence giving rise to Nath Nagar P.S. case no. 253 of 2008 instituted under diverse sections of Indian Penal Code including Section 302 IPC and as such they have been heard together and are being disposed of by the present order. Heard learned counsels of petitioners, informant and State. As per allegation in the First Information Report, on the previous day of occurrence, a quarrel between the deceased and one of the accused of the present case namely Mukesh Rajak had taken place. In the night of 4/5.10.2008, two occurrence(s) are said to have taken place for which the present F.I.R. and another F.I.R. i.e. Nath Nagar P.S. case no. 252 of 2008 have been lodged. The subsequent case was lodged by one Yogendra Rajak who is accused in the present case. As per the allegation in the present case, the accused arrived at the house and tried to captivate the deceased. He took to the heels, chased and was thereafter captivated and lifted to the house of the accused persons where he 2 was indiscriminately assaulted as a result whereof, he died. Case lodged by one of the co-accuseds is that in the intervening night of 4/5.10.2008, the deceased scaled over the walls and entered into the house armed with pistol and fired at co- accused Yougendra Rajak (one of the petitioners herein) whereafter the inmates of the house including the injured captivated him and he was assaulted. In both the cases, charge sheets have been submitted. In the case lodged by one of the accused, it is submitted that the police found the case true and submitted chargesheet under section 307 IPC. Mr. Mishra, learned counsel referring to the supervision note submitted that the S.P. made supervision of the case and found that in fact on the alleged date and time of occurrence, both the incidents had taken place. It is contended that the petitioners are in custody since October, 2008. In the facts and circumstances of the case, let petitioners above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Nathnagar (Madhusudanpur) P.S. case no. 253 of 2008 subject to the condition that one of the bailers will be own/close family member of the petitioners. pkj ( Kishore K. Mandal, J. )