IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17626 of 2010 SHAMBHU SAHANI @ SHAMBHU SAHNI Versus THE STATE OF BIHAR with Cr.Misc. No.27094 of 2010 RAM BABU SAHANI Versus THE STATE OF BIHAR ----------- 4. 03.08.2010. Heard learned counsel for the parties. Petitioners are named accused in a case registered under section 396 I.P.C. Informant stated that the named accused persons were committing dacoity in his brother’s house and on hearing hulla his son Butan Ram went to the place of occurrence. It is alleged that one Bineshar Singh caught hold of his hand, whereafter these petitioners surrounded him and then Bacha Singh fired killing the boy. Learned counsel for the petitioners submits that they can only be said to be members of mob as the allegation of firing is specifically against accused Bachcha Singh. Furthermore, the motive assigned in the F.I.R. in killing the boy seems to be improbable as the deceased had himself rushed to the place of occurrence on hearing hulla. It further appears from the FIR that there was some dispute of contract work carried out by the deceased which was not given to co-accused Bachcha Singh. Petitioners are in custody since 5.12.2008 & 12.8.2008. The State counsel submits that petitioners have been 2 identified by three inmates of the house, as such, their prayer for bail is refused with liberty to renew the prayer for bail after three months and six months respectively. Shashi. (Samarendra Pratap Singh, J.)