IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3979 of 2009 1.DILIP SAH S/o Shiv Narayan Sah 2.Narayan Sah S/o Chandeshwari Sah All resident of village-Basantpur, P.S.-Shankarpur, Dist.-Madhepura. Versus STATE OF BIHAR WITH Cr.Misc. No.3980 of 2009 1.CHANDESHWARI SAH S/o Late Kari Sah 2.Shiv Narayan Sah S/o Domi Sah 3.Shaligram Sah S/o Shiv Narayan Sah All resident of village-Basantpur, P.S.-Shankarpur, Dist.-Madhepura Versus STATE OF BIHAR ----------- 2. 16.3.2009.. Heard learned counsel for the petitioners and the State. Both the bail petitions have been heard together and are being disposed of by this common order because they have arisen out of one occurrence for the offence under sections 302, 307 and some other sections of the Indian Penal Code and section 27 of the Arms Act. The petitioners have been described as members of the mob who were having common intention and it is alleged that in furtherance of common intention Nandan Sah fired which caused death of the informant’s brother Shambhu Sah. The motive of the occurrence was land dispute. Submission is that there was free fight from both sides. For the same occurrence a case under section 302 and some other sections of the Indian Penal Code has been filed against the informant and three others including the deceased brother of the informant. That case has been registered as Shankarpur P.S.case No.44 of 2008. The petitioners are co-sharers. The informant and his persons forcibly - 2 - entered over the land of the petitioners. The petitioners are not the assailants of the deceased. Considering the facts and circumstances of the case the above named petitioners are directed to be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of C.J.M., Madhepura in connection with Shankarpur P.S.Case No.45 of 2008. Md.S. (Shyam Kishore Sharma,J.)