IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27900 of 2009 1. MANGAL RAI 2. MANOJ RAI Versus STATE OF BIHAR with Cr.Misc. No.29053 of 2009 1. DEENA NATH RAI 2. AMOD RAI @ ANOD RAI @ AMODH RAI Versus THE STATE OF BIHAR ----------- 2 21.08.2009 Heard both sides. Both the matters arise out of the same occurrence giving rise to Chiraiya P.S. case no. 156 of 2008 instituted under diverse sections of Indian Penal Code including Sections 302 and 307 IPC. Allegation is that when the informant and the deceased were at home, a mob variously armed with lethal weapons arrived there and surrounded the informant and deceased. At the orders of petitioners of Cr. Misc. No. 29053 of 2009, all the accused persons tried to assault the persons assembled there. The informant and others escaped from the scene. The deceased left behind. It is alleged in the F.I.R. itself that co-accused Subhash Rai shot down the deceased from a very close range. Learned counsel submits that solitary, fire arm injury caused to the deceased was given by co-accused Subhash, It is next contended that the parties are on litigating terms from before. Learned counsel handed in an order dated 30.7.2009 2 passed in Cr. Misc. No. 21925 of 2009 whereby four accused persons have been granted bail. Said order is on record and marked “X”. It is contended with reference to the said order that the case of these petitioners stand on identical footing as at best they can be adjudged as members of mob. Looking to the reasons assigned in the order dated 13.7.2009 and considering the submissions advanced by learned counsel, this court feels persuaded to grant the same privilege to the petitioners. Let petitioners namely Mangal Rai, Manoj Rai, Deena Nath Rai and Amod Rai @ Anod Rai @ Amodh Rai be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sikrahna at Motihari in connection with Chiraiya P.S. case no. 156 of 2008 subject to the condition that one of the bailers will be own/close family member of the petitioners. pkj ( Kishore K. Mandal, J. )