IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.49877 of 2007 CHHOTE LAL YADAV Versus STATE OF BIHAR With Cr. Misc. No. 52300 of 2007 SURESH YADAV Versus STATE OF BIHAR ----------- 03 05.05.2008 Heard. Petitioners Chhote Lal Yadav ( petitioner of Cr. Misc. No. 49877 of 2007) and Suresh Yadav ( petitioner of Cr. Misc. No. 52300 of 2007 are accused in a case instituted under section 302/34 of the Indian Penal Code. It has been submitted that there is specific allegation against co-accused Bhagwan Ydav that he gave order to Rohan Yadav to kill the informant’s father whereupon Rohan Yadav fired from his pistol causing injury on the head of the informant’s father, who died at the spot. Learned Advocate further submitted that so far these petitioners are concerned the allegation is that they were a member of unlawful assembly armed with weapon. Learned A.P.P. concedeed that the petitioners were simply a member of unlawful assembly and no specific overt act has been alleged against them. Considering the submission of both sides, petitioners namely Chhote Lal Yadav and Suresh Yadav are ordered to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand), each, with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nawada in Warisaliganj P.S. case no. 89 of 2005. Uday/ ( Syed Md. Mahfooz Alam, J. )