IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34989 of 2009 1. GANDHI YADAV 2. LALBABU YADAV 3. SATYA YADAV Versus STATE OF BIHAR ----------- 02/ 28-10-2009 Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State. The petitioners are accused in Phulwari Sharif (Janipur) P.S. Case No. 24 of 2009 for offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel appearing on behalf of the petitioners submits that there is no eye-witness of the alleged occurrence and that all of them have been arrested on mere suspicion on the basis of statement made by the informant. He submits that this is a case of old enmity and the allegations are omnibus. Learned counsel further submits that another co-accused Sahja Yadav having identical allegations made in the F.I.R., has been granted bail by this Court in Criminal Misc. No. 23254 of 2009 vide order passed on 31.8.2009 and that the case of the present petitioners is on the same footing. It is further submitted that the petitioners are in custody since 29.1.2009. Having regard to the facts and circumstances, let petitioners, namely, Gandhi Yadav, Lalbabu Yadav and Satya Yadav be released on bail upon each one of them individually - 2 - furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna in connection with Phulwari Sharif (Janipur) P.S. Case No. 24 of 2008 subject to the conditions that they would be attending the court below on each and every date fixed and the failure on their part to attend the court below on two consecutive dates without valid explanation would grant liberty to the learned court below to initiate proceedings for cancellation of their bail bonds and take them into custody. S.Sb/- (Jyoti Saran, J.)