IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10013 of 2008 BALESHWAR MISTRI.Vrs.THE STATE OF BIHAR Cr.Misc.No. 13347 of 2008 ANGESHWAR CHOUDHARY.Vrs.THE STATE OF BIHAR ----------- 3/ 13.5.2008 Since both the above applications arise out of one and the same P.S.Case, they have been heard together and are being disposed of by this common order. According to fardbeyan of Bijendra Yadav, when his father Ambika Yadav was standing in front of tea shop of Krishna Sao, in the meanwhile, these petitioners and others came there and at the behest of petitioner Baleshwar Mistri, petitioner Angeshwar Choudhary and two others namely, Ram Babu Mistri and Kripa Mistri shot dead his father and decamped. The motive was that on 6.6.2007 one extremist Prem Paswan was killed by the villagers and in retaliation of that, the informant’s father has been killed. Submission is that petitioner Baleshwar Mistri is merely an order giver and no overt act is attributed to him. On behalf of petitioner Angeshwar Choudhary, it has been submitted that in course of investigation, a number of witnesses have been examined and most of the independent witnesses have stated that, no doubt, murder has been committed but it was by some outsiders and the petitioners and others have been falsely implicated in this case. Considering two sets of evidences which have been gathered during investigation and in the facts and circumstances of the case, let petitioners namely, Baleshwar Mistri (Cr.Misc.No. 10013 of 2008) and 2 Angeshwar Choudhary (Cr.Misc.No. 13347 of 2008), be released on bail on their furnishing bail bonds of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Danapur in Naubatpur P.S.Case No. 108 of 2007. Tahir/- ( Shyam Kishore Sharma, J. )