IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40361 of 2010 GUNJAN YADAV Versus STATE OF BIHAR with Cr.Misc. No.43375 of 2010 CHUNCHUN YADAV Versus THE STATE OF BIHAR ----------- 02/ 20.12.010 Both the above stated petitions have arisen out of Saharsa Sadar P.S. Case no. 369/2007 registered under section 364/34 of the IPC but subsequently, sections 302, 201 of the IPC were also added. Since both the aforesaid petitions have arisen out of the same police station case number, the above petitions are being disposed of by this common order. Heard learned counsel for the petitioners as well as learned P.P. for the State. Petitioners are not named in the FIR and allegedly, their names came in this case in course of investigation. Although the learned Additional Sessions Judge, has referred paragraphs 92, 93, 94 and 176 of the case diary to show complicity of the petitioners but learned counsel for the petitioners submits that, as a matter of fact, the aforesaid paragraphs are nothing but only Investigating Officer has incorporated about the raid made in the house of these petitioners. Learned counsel for the petitioners further points out that having similar allegation co-accused Kailu Yadav and others have already been granted privilege of bail by this court. Considering the aforesaid circumstances as well as materials available in the case diary, petitioners (Gunjan Yadav and Chunchun - 2 - Yadav) are directed to be released on bail in connection with Saharsa Sadar P.S. Case no. 369 of 2007 on furnishing bail bond of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa. shahid (Hemant Kumar Srivastava,J)