IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30330 of 2008 1. BINOD YADAV, SON OF SURJMAIN YADAV 2. GANESH YADAV, SON OF SURJMAIN YADAV 3. LALAN YADAV, SON OF RAMOTAR YADAV 4. GHOLAT YADAV, SON OF BAIJI YADAV 5. RAHMAN MIYA SON OF LATE ULFAT MIYA 6. MD. ASLAM, SONOF MD. RAHMAN MIYA 7. SANTOSH YADAV, SON OF SHATRUGHAN YADAV 8. YOGENDRA YADAV, SON OF KHUSHILAL YADAV 9. ROSHAN KUMAR, SON OF KAILASH YADAV 10. PRABHAS YADAV, SON OF SHATRUGHAN YADAV ALL RESIDENT OF VILLAGE-KHAJURI, P.S. SOUR BAZAR, DISTRICT-SAHARSA 11. RAMBALAK YADAV, SON OF BOKU YADAV, RESIDENT OF VILLAGE KHAJURI TOLA PARIHARPUR, P.S. SOUR BAZAR, DISTRICT SAHARSA --------- PETITIONERS Versus STATE OF BIHAR --------- OPPOSITE PARTY. WITH Cr.Misc. No.31960 of 2008 1. RAM PRAVESH YADAV, SON OF SRI BUNDEL YADAV @ BUNDELAL YADAV 2. BIRENDRA YADAV, SON OF BAIJANATH YADAV BOTH RESIDENT OF VILLAGE-KHOJOORI, P.S. SAUR BAZAR, DISTRICT-SAHARSA -------- PETITIONERS Versus STATE OF BIHAR --------- OPPOSITE PARTY. ----------- 2. 16/10/2008 Both these cases arise out of Saur Bazar P.S. Case 63 of 2008 and are being disposed of by this common order. Heard both the sides. Petitioners are apprehending their arrest in a case under Sections 147, 148, 149, 341, 323, 427, 379, 435 of the Indian Penal Code and Section 27 of the Arms Act. It is submitted by the learned counsel for the petitioners that some of the accused persons have already been granted anticipatory bail by another Bench of this Court in - 2 - Cr. Misc. Case No. 23143 of 2008 disposed of on 17.7.2008. Case of the petitioners is on similar footing. It is further submitted that Sections 302 and 304 are not applicable in this case which is apparent from the chargesheet submitted by the police against one Ashok Yadav. Having regard to the facts and circumstances of the case, in case of arrest or surrender before the court below within six weeks from the date of receipt of this order, petitioners namely, Binod Yadav, Ganesh Yadav, Lalan Yadav, Gholat Yadav, Rahman Miya, Md. Aslam, Santosh Yadav, Yogendra Yadav, Roshan Kumar, Prabhas Yadav, Rambalak Yadav in Cr. Misc. No. 30330 of 2008 as well as Ram Pravesh Yadav and Birendra Yadav in Cr. Misc. No. 31960 of 2008 are directed to 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 Chief Judicial Magistrate, Saharsa, in connection with Sour Bazar P.S. Case No. 63 of 2008 subject to the conditions as laid down under Section 438 (2) of the Cr. P.C. S.Ali (Ghanshyam Prasad, J.)