IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41979 of 2009 1. Sudeshwar Rai, son of Baban Rai 2. Garajan Rai @ Garajan Rajbhar, son of Late Raghubir Rai 3. Bua Rai @ Bua Rajbar, son of Late Kesho Rai 4. Girija Goar @ Girija Gond, son of Late Sukh Bilash Goar 5. Sawaru Goar, son of Late Laxaman Goar 6. Ram Lal Goar @ Ram Lal Gond, son of Late Luxman Goar 7. Bashdeo Rai @ Bashdeo Rajbar, son of Late Girija Rajbhar 8. Hare Ram Rai @ Hare Ram Rajbhar, son of Kawal Deo Rai 9. Raju Rai @ Raju Rajbhar, son of Hare Ram Rai 10.Satya Narayan Rai @ Satya Narayan Rajbhar, son of Late Dewan Rai 11.Uday Rai @ Uday Narayan Rai son of Late Kesho Rai 12.Ajay Rai son of Bechu Rai 13.Brij Mohan Rai @ Brij Mohan Rajbhar, son of Late Doctor Rai 14.Baij Nath Rai @ Baij nath Rajbhar, son of Brahma Rai All resident of village Mukundpur, P.S. Simari, District- Buxar ……….. Petitioners Versus The State Of Bihar ……….. Opp.Party ----------- 2. 04/12/2009 Heard learned senior counsel for the petitioners and learned counsel for the State. Case is under sections 147, 148, 149, 341, 323, 307, 353, 224, 225, 333 and 427 of the Indian Penal Code. From the F.I.R. it appears that the police party had gone to make some arrest in a case under section 498A of the Indian Penal Code and almost entire villager retaliated and some - 2 - brickbats were thrown on the police. Petitioners are amongst named 53 accused persons who have been identified by the Chowkidar only of the village. There is no specific allegation against any of them. The fact that the entire villagers retaliated to an act of the police party itself creates doubt about lawful conduct of the police party. Petitioners are in judicial custody since 24.9.2009. Learned senior counsel for the petitioners submits that other group of named accused persons have been allowed bail by this Court by order dated 20.11.2009 passed in Cr.Misc.No.41439 of 2009 and one more group of accused persons have been allowed bail today itself in Cr.Misc.No.41920 of 2009 by a Bench of this Court. Considering the above facts and circumstances, this application is allowed. Let all the petitioners be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Buxar in Simari P.S.Case No.141 of 2009 with conditions as laid down in - 3 - Sub-Section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioners. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioners and take steps for their arrest. Pradeep/ (J. N. Singh, J.)