IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42737 of 2009 1. DINESH YADAV, son of late Bijendra Yadav 2. Naresh Yadav, son of late Parmeshwary Yadav 3. Chandra Kishore Yadav, son of late Kapildeo Yadav @ Kapli Yadav All resident of village Sonbarsa, P.S. Chautham, District Khagaria Versus STATE OF BIHAR with Cr.Misc. No.43625 of 2009 ARUN BHAGATA, son of Harish Chandra Bhakta, resident of village Sonbarsha, P.S. Chautham, District Khagaria Versus STATE OF BIHAR ----------- 2. 14.12.2009 Heard counsel for the petitioners and the counsel for the State. The petitioners in these two bail applications being accused for offence u/s 307 and other allied sections of the Indian Penal Code as also section 27 of the Arms Act seek bail on the ground that the entire case as framed by the police seems to be absurd, inasmuch as the petitioners are said to have been arrested by the police in course of chase after firing from both the sides in which none of the parties had suffered any injury. Counsel appearing in both the cases would also highlight that the petitioners are poor farmers and have no criminal antecedent. This Court would find that while 2 Surendra/ the petitioners Dinesh Yadav, Naresh Yadav and Chandra Kishore Yadav in their bail application have come out with a vague statement with regard to their criminal antecedent, the petitioner Arun Bhagata has made a clear statement with regard to his being not accused in any earlier case and hence, no criminal antecedent. Thus, the petitioners, who have also remained in custody for a period of more than two months and there is nothing to connect them, would be entitled for bail if the court below would find that they have got no criminal antecedent. That being so, with the aforementioned condition the petitioners, namely, Dinesh Yadav, Naresh Yadav, Chandra Kishore Yadav and Arun Bhagata, are directed to be released on bail on their furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria in Chautham P.S.Case No. 88/2009 but in case the court below will find that any of the petitioner has got any criminal antecedent, the concerned petitioner shall not be released on bail. (Mihir Kumar Jha,J.) 3