IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15833 of 2009 JHULAN PRASAD @ BHUTALI PRASAD S/O LATE LAKHAN PRASAD Versus STATE OF BIHAR WITH Cr.Misc. No.11915 of 2009 1.PERMANAND PRASAD S/O RAMASHRAY PRASAD 2. BIRJU PRASAD S/O RAMASHRAY PRASAD 3. SURAJ PRASAD S/O PARMANAND PRASAD 4. ARJUN PRASAD S/O BAHADUR PRASAD. Versus STATE OF BIHAR ----------- 2 25.05.2009 Both the bail applications arise out of same P.S. being Hilsa P.S.Case no. 158 of 2008 and as such they have been heard together. The present order shall govern both the cases. The allegation against the petitioner of Cr. Misc. No. 15833 of 2009 is that he gave the orders. So far as the petitioners of Cr. Misc. No. 11915 of 2009 are concerned, the allegation is that the petitioner no.1 Permanand Prasad caught hold of the victim whereas other petitioners remained members of the mob. Admittedly allegation of firing causing fatal injury to the deceased is attributed against one of the co accuseds namely, Birje Prasad. It is submitted that the police upon conclusion of investigation, did not send up the petitioners herein for trial. It is further contended that with identical allegations other co-accuseds have been granted either regular bail or anticipatory bail by this court. In this connection, learned counsel for the petitioners referred to annexure-2 in Cr. Misc. No. 15833 of 2009 and certified copy of the - 2 - order dated 28.04.2009 passed in Cr. Misc. No. 51597 of 2008. In the facts and circumstances of the case, petitioners above named, 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 the Additional Chief Judicial Magistrate, Hilsa ( Nalanda), in connection with Hilsa P.S. Case No. 158 of 2008, subject to the conditions that in each of the case one of the bailors should be the own/close family member of the petitioners. Sym ( Kishore K. Mandal, J.)