IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.33683 of 2009 1. SURENDRA YADAV, S/o Prithivichandra Yadav, R/o Village – Gouspur, P.S. Salkhua, Distt. – Saharsa and 2. Rabindra Yadav, S/o Late Fulkuwar Yadav, R/o Village – Gouspur, P.S. Salkhua, Distt. Saharsa …..… Petitoners Versus THE STATE OF BIHAR ………………………… Opposite Party. ----------- For the Petitioners:- Mr. Diwakar Prasad Singh, Advocate. For the State:- Mr. R.P.S. Singh, A.P.P. ----------- 2. 09.10.2009. Heard learned counsel for the petitioners and learned A.P.P. for the State. The petitioners have been made accused for the offences punishable under Sections 147, 148, 149, 379, 307 of the Indian Penal Code and 27 of the Arms Act. It is submitted on behalf of the petitioner that there is admitted land dispute as the informant and the petitioner no. 1 are full brothers and there is case and counter-case whereas petitioner no. 2 is not the family member. It is apparent from the first information report itself that due to land dispute an altercation had taken place. It is stated that had there been any motive to kill, the petitioner no. 1, who was allegedly armed with a rifle, could have easily resorted to firing. None of the petitioners have assaulted the informant as per the F.I.R. 2 rather they have allegedly assaulted one Nil Mani Kumar. Petitioners No. 1 and 2 are stated to be under jail custody since 22.05.2009 and 30.07.2009 respectively. In the aforesaid facts and circumstances of the case, I direct the petitioners, Surendra Yadav and Rabindra Yadav to be released on bail on their furnishing bonds in the sums of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa in connection with Salkhua P.S.Case No. 94/2009. dk ( Dr. Ravi Ranjan, J. )