IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20766 of 2009 JITAN SINGH Versus STATE OF BIHAR With Cr.Misc. No.21468 of 2009 KAPIL DEV SINGH Versus STATE OF BIHAR ----------- 3 29.07.2009 Heard both sides. Both the matters arise out of Udwant Nagar P.S.Case no. 134/07 registered under Sections 147,148,149,323,324, 307 & 302 of the Penal Code and Section 27 of the Arms Act, and as such, they have been heard together. The present order shall govern both the cases. Of course, two persons have died in the occurrence. As many as 19 accused persons have been named as accuseds along with the petitioner Jitan Singh and Kapil Dev Singh. Learned counsel for the petitioners submits that there is absolutely no allegation against both the petitioners of either assaulting both the deceased or the injured, namely, Ajit Singh. It is further contended that the police upon conclusion of investigation, submitted final form on 20.06.2008 (annexure-5), whereby the petitioners herein and one of the co-accuseds, namely, Krishna Singh @ Ballu Singh was/were not sent up for trial. Learned counsel for the petitioners handed in an order dated 01.06.2009 passed in Cr. Misc. No. 18157 of 2 2009,whereby aforesaid Krishna Singh @ Ballu singh has been privileged with bail by this court. The said copy of the order is placed on record marked “Y”. It is further highlighted that petitioner Jitan Singh (in Cr. Misc. No. 20766 of 2009) is in custody since 20.05.2009, where as, petitioner Kapil Dev Singh (in Cr. Misc. No.21468/2009) is in custody since 07.06.2009. In the facts and circumstances of the case, above named petitioners in both the cases are directed to 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 the 4th Additional Sessions Judge, Bhojpur at Ara in connection with Sessions Trial No. 421 of 2008, arising out of Udwant Nagar P.S.Case no. 134 of 2007, subject to the condition that in each of the case, one of the bailors shall be the own/close family member of the petitioners. Sym/ (Kishore K. Mandal, J.)