IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4188 of 2009 1.KASHINATH SINGH S/O-Late Ram Naresh Singh 2.BIRENDRA SINGH S/O-Kashi Nath Singh both R/O-Vill-Pawara, P.S.-Surjapura, Distt.-Rohtas at Sasaram. …………………………………………..Petitioners. Versus STATE OF BIHAR ……………………………………..Opposite Party. WITH Cr.Misc. No.4232 of 2009 SRI BHAGWAN SINGH S/O-Late Bikarma Singh, R/O-Vill-Paura, P.S.-Surjpura, Distt.-Rohtas. …………………………………………..Petitioner. Versus STATE OF BIHAR ……………………………………..Opposite Party. WITH Cr.Misc. No.52593 of 2008 JAI KUMAR SINGH S/O-Bishwanath Kishore Singh, R/O-Vill-Pawara, P.S.-Suryapura, Distt.-Rohtas. …………………………………………..Petitioner. Versus STATE OF BIHAR ……………………………………..Opposite Party. ----------- 2/ 17.04.2009 Since all the three bail applications have arisen out of one occurrence i.e. Surajpura P.S. Case No. 35 of 1997, they have been heard together and are being disposed of by this common order. The FIR under Sections 307, 302 and some other Sections of the Indian Penal Code and Section 27 of the Arms Act has been registered against 21 named accused persons. The petitioners are also named as accused. - 2 - In the occurrence one person was killed on the spot whereas another received injury who later on died. Allegation of firing upon the informant’s father is against Ashok Singh and Santosh Kumar which proved fatal. The informant’s brother was shot and injured by Brij Bihari Singh and Ajay Kumar who later on died. Submission is that the petitioners were merely members of mob. No overt act has been attributed against them and other similarly situated accused persons Wakil Bihari Singh (in Cr. Misc. No. 46733 of 2008) and Surendra Singh (in Cr. Misc. No. 49428 of 2008) have been granted bail on 02.12.2008 and 22.12.2008 respectively. Considering the facts and circumstances of the case, the petitioners Kashinath Singh & Birendra Singh (in Cr. Misc. No. 4188 of 2009), Sri Bhagwan Singh (in Cr. Misc. No. 4232 of 2009) and Jai Kumar Singh (in Cr. Misc. No. 52593 of 2008) are directed to be released on bail - 3 - on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, Ist Class, Bikramganj, Rohtas/S.D.J.M., Bikramganj (District-Rohtas) in connection with Surajpura P.S. Case No. 35 of 1997. kksinha/ (Shyam Kishore Sharma, J.)