IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12922 of 2011 Angur Yadav & Ors. Versus The State Of Bihar ----------- 3 25-07-2011 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the state assisted by learned counsel for the informant. Petitioners are named in the first information report with allegation that they assaulted the deceased persons as well as injured persons of this case and on account of their assault, three persons subsequently, died either in course of treatment or while they were being taken to the hospital. The contention of learned counsel for the petitioners is that it is the prosecution case that petitioner No. 1 Angur Yadav gave Farsa blow to the deceased, Bhola Yadav but no Farsa injury was found on the head of the deceased, Bhola Yadav and similarly, no Farsa injury was found on the person of deceased, Nand Kishore Yadav. It is also contended by him that there is case and counter case between the parties and the alleged occurrence took place on account of land dispute. It is further contended by him that several FIR named accused persons have already been granted privilege of bail by another bench of this court vide order dated 14.03.2011 passed in Cr. Misc. No. 43861 of 2010 and some non-FIR named accused persons are enjoying the privilege of anticipatory bail. 2 On the otherhand, learned counsel appearing for the informant vehemently opposed the prayer pointing out that except petitioner No. 2, all the petitioners participated in committing the murder of three persons. It is fairly submitted by him that so far as petitioner No. 2 is concerned, there is no allegation against him that he assaulted the deceased rather he did not even touch the deceased persons. Considering the aforesaid facts and circumstances as well as submission of the parties, petitioner No. 2, namely, Rajesh Yadav is directed to be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Semara P.S. Case No. 35 of 2010 to the satisfaction of Additional Chief Judicial Magistrate, Bagaha. West Champaran. So far as prayer for bail of the rest petitioners is concerned, their prayer for bail stands rejected. AKV/- ( Hemant Kumar Srivastava,J.)