IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33646 of 2009 SHAILO TANTI @ SHAILENDRA TANTI, SON OF SURAJ TANTI, RESIDENT OF VILLAGE KOLWARA, P.S. PARVATTA (MARAIYA), DISTRICT-KHAGARIYA. ………………………………………………………………………………PETITIONER. Versus THE STATE OF BIHAR…………………………………………….OPPOSITE PARTY. ----------- For the Petitioner : Dr. Amarendra Kumar, Advocate. For the State : Mr. R.P.S. Singh, A.P.P. ------------- With Cr.Misc. No.34880 of 2009 KAMLI MANDAL @ KAMALI MANDAL, SON OF JOGESHWAR MANDAL, RESIDENT OF VILLAGE NARAYANPUR, P.S. BHAWANIPUR, DISTRICT- BHAGALPUR……………………………………………………………..PETITIONER. Versus THE STATE OF BIHAR……………………………………………….OPPOSITE PARTY. ----------- For the Petitioner : Mr. Umakant Prasad, Advocate. For the State : Mr. R.P.S. Singh, A.P.P. -------- 2. 8.10.2009. Both these applications bearing Criminal Misc. Nos.33646 of 2009 and 34880 of 2009, arise out of the same Parvatta (Maraiya) P.S. Case No.132 of 2008. Thus, both are being considered and disposed of by this common order. The petitioners have been made accused in a case registered under Sections 147, 148, 149, 341, 342, 327, 307, 302 of the Indian Penal Code and Section 27 of the Arms Act. It has been alleged in the First Information Report that - 2 - about 8 named and 7/8 unknown persons armed with rifle, gun and lathi came to the house of the informant. The petitioner Shailo Tanti(in Criminal Misc. No.33646 of 2009) was armed with lathi and rests were armed with rifle and gun. It is further alleged in the F.I.R. that Mushaharu, Dholan, Manoj, Rajesh and Maarsul, assaulted Mangal Mandal, the son of the informant with butt of rifle and gun and when his son awakened and tried to flee, the co-accused Mushaharu, Dholan and Makarsul fired from their rifle on account of which the son of the informant sustained injuries and died. Subsequently, when the informant tried to intervene the matter, he was also assaulted by Mushaharu Mandal. However, the grand son of the informant was assaulted by Shailo Mandal, Rajesh Mandal, Kamli Mandal Shailo Tanti etc. It has been submitted on behalf of the petitioners that there is no allegation of assault upon the deceased against them. Deceased was assaulted by the butt of rifle by other persons which is manifest from the First Informant Report and, ultimately, was killed by gun shot fired by other accused persons. The petitioner, Shailo Tanti @ Shailendra Tanti, was armed with lathi and the petitioner, Kamli Mandal @ Kamali Mandal, has also not been attributed with any specific overt act upon the deceased. The petitioner, Shailo Tanti @ Shailendra Tanti, is stated to be in custody since 21.4.2009 whereas the petitioner, Kamli Mandal @ Kamali Mandal, is stated to be in custody since 12.5.2009. It is also submitted that co-accused Shailo Mandal has been granted anticipatory bail by a Bench of this Court in - 3 - Criminal Misc. No.9275 of 2009. Learned A.P.P. for the Stated submitted that although there is no allegation of firing upon the deceased against the petitioners but they have assaulted the grand son of the informant and they have accompanied the assailants of the deceased. Having regard to the facts and the circumstances of the case, the petitioners, namely, Shailo Tanti @ Shailendra Tanti (in Criminal Misc. No.33646 of 2009) and Kamli Mandal @ Kamali Mandal (in Criminal Misc. No.34880 of 2009), are directed to be released on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Khagariya in connection with Parvatta (Maraiya) P.S. Case No.132 of 2008. P.S. (Dr. Ravi Ranjan,J)