IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7531 of 2009 1.SHYAM LAL YADAV SON OF LATE REKHA YADAV, RESIDENT OF VILLAGE GARBHUWA, P.S. CHANPATIYA ( Sirisiya ) DISTRICT WEST CHAMPARAN. 2. LAGAN YADAV SON OF KISHUN YADAV, RESIDENT OF VILLAGE DUMARI, P.S. JOGAPATTI, DISTRICT WEST CHAMPARAN. Versus STATE OF BIHAR ----------- 3/ 06-07-2009 Heard learned counsel for the petitioners and learned A.P.P. for the State. These petitioners are applicants in the present application and their prayer for regular bail has been made in connection with Chanpatia ( Sirisiya ) P.S. Case No. 170 of 2008, registered for the offence under section 302 and other allied sections of the I.P.C. read with section 27 of the Arms Act. According to the allegation made in the F.I.R., the named accused persons killed the father of the informant in an outlawed manner which is described in the F.I.R. Reason behind the killing is the land dispute. Submission of the learned counsel for petitioner no.1 is that except he being named in the F.I.R. nothing has been shown against him and the prime allegation of killing has been made against Bhikari Yadav and Ram Bali Yadav. So far as petitioner no.2 is concerned, it is stated that he had assaulted the wife and daughter of the informant by lathi and Barchha. In that view of the matter the petitioners deserve to be enlarged on bail especially when they are in judicial custody since 20.11.2008. - 2 - Counter affidavit has been filed on behalf of the informant wherein certain documents have been brought on record stating that these named accused are law breakers as they have committed the crime, on a land, in breach of an injunction order passed by the court, which was the subject matter for the said crime. It is also stated that there are injuries of laceration and cut which corroborates the allegations made against petitioner no.2. However, looking at the allegations made in the F.I.R. the role attributed to the various named accused and also keeping in mind the role assigned to the present two petitioners, this Court is inclined to enlarge them on bail as there is no serious allegation against these two petitioners with regard to killing of the deceased. Let the petitioners, namely, Shyam Lal Yadav and Lagan Yadav, be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rs. Twenty thousand ) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah ( West Champaran ) in Chanpatia ( Sirisiya ) P.S. Case No. 170 of 2008. It is further directed that they shall co-operate in the trial and appear in the court below on each and every date fixed by the trial court. Any deviation or breach of order shall result in cancellation of bail of the petitioners. ( Ajay Kumar Tripathi, J ) BTiwary/