IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.35112 of 2008 Basir Mian son of Sadik Mian resident of village Pipra, P.S. Darpa, District: East Champaran Versus THE STATE OF BIHAR ----------- 3/ 19.12.2008 Heard learned counsel for the petitioner and the learned A.P.P. for the State. Petitioner Basir Mian is an accused in a case instituted under sections 302/34 of the Indian Penal Code and section 27 of the Arms Act. There is allegation that altogether seventeen named accused persons came armed with fire arms and started indiscriminate firing, as a result of which, three persons, namely, Mahendra Rai, Ram Eqbal Bhagat and the father of the informant sustained injury and died. There is further allegation that all the accused persons after committing offence fled away raising salogan “Maovadi Jindabaad”. It has been submitted by the learned advocate of the petitioner that although the petitioner is named in the FIR but no specific overt act has been alleged against him. The learned APP appearing on behalf of the State submitted that in the entire case diary no specific overt act has been attributed against 2 this petitioner except this fact that he is named in the FIR and he was identified as one of the members of mob. Considering the above facts, petitioner Basir Mian is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge, FTC V, Motihari, East Champaran, in connection with S. Tr. No. 504 of 2008 arising out of Darpa P.S. case no. 04 of 2008. JA/- (Syed Md. Mahfooz Alam, J.)