IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42377 of 2008 1.VIJAY YADAV SON OF AADI PRASAD 2.DILIP YADAV AIIAS DILIP KUMAR SON OF DAYANAND YADAV 3.DILKESHWAR YADAV SON OF LATE JAGARNATH YADAV 4.INDRADEO YADAV ALIAS RUDAL YADAV SON OF LATE PARMANAND YADAV ALL RESIDENT OF VILLAGE MADANPUR,P.S.SARMER,DISTRICT NALANDA Versus STATE OF BIHAR With Cr.Misc. No.44227 of 2008 GUDDU YADAV SON OF AMBIKA YADAV RESIDENT OF VILLAGE MOHANPUR P.S.SARMERA,DISTRICT NALANDA Versus STATE OF BIHAR ----------- 2/ 23.10.2008 Since both the above applications arise out of one and the same police case, they have been heard together and are being disposed of by this common order. The present case has been registered for offences under Sections 307,302 and some other Sections of the Indian Penal Code and 27 of the Arms Act against 17 named accused including the petitioners. Earlier the prayer for bail of petitioner Guddu Yadav was rejected on 23.5.2008 Vide Cr.Misc.No. 55374 of l2007. Allegation is that the informant’s brother Mahendra Singh was chased by a mob and he was caught by all the members. Thereafter accused Rakesh Yadav fired from his rifle. Later on he was thrown on the ground and was caught by Guddu Yadav, Rakesh Yadav, Subhash Yadav, Ram Badan Yadav and Sudhir Yadav and he was beheaded by accused Bijendra Yadav. Submission is that other similarly situated co-accused namely, Sadhu Yadav, Jai Kumar Yadav, Bhushan Yadav, Rinku Yadav, Jogi Yadav have been granted bail by different orders of this Court. Co- 2 accused Ram Badan Yadav against whom there is allegation of throwing the deceased on the ground has been granted anticipatory bail by a Bench of this Court on 1.11.2006 Vide Cr.Misc.No.44729 of 2006. After investigation, the police has not found the entire allegation to be true and final form was submitted against Dilkeshwar alias Rudal Yadav, Arvind Yadav,, Vijay Yadav, Indradeo Yadav, Dilip Yadav, Sharwan Yadav, Ram Baran Yadav and Subhash Yadav. Considering the facts and circumstances of the case, let the above named petitioners of both the applications be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Ist Additional Sessions Judge, Nalanda in Sessions Trial No. 874 of 2008 so far it relates to petitioners of 42377 of 2008 arising out of Sarmera P.S.Case No. 41 of 2004 and to the satisfaction of Sri Dhirendra Mishra, Judicial Magistrate, Ist Class, Biharsharif, Nalanda in Sarmera P.S.Case No. 41 of 2004 so far it relates to petitioner of Cr.Misc.No.44227 of 2008. Tahir/- ( Shyam Kishore Sharma, J.)