IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19819 of 2009 1. SHAMBHU MAHATO, SON OF LATE RAJA RAM MAHATO. 2. CHANDESHWAR MAHATO, SON OF LATE SOHAN MAHATO. BOTH ARE RESIDENTS OF VILLAGE- BARWA KHURD, POLICE STATION- LAUKARIA, DISTRICT- WEST CHAMPARAN.----- PETITIONER Versus STATE OF BIHAR ----------- 2 10.6.2009 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. Petitioners are accused in a case under Section 302 and other allied Sections of the Indian Penal Code. The First Information Report indicates that 30 to 35 persons entered the house of the informant and killed her son and Dewar. The First Information Report was lodged against unknown persons. After about nine months, the informant has disclosed the name of 16 persons and made specific allegations against two persons Dil Kumar and Chilendra Mahto. The petitioners are said to have been assigned the role of being a member of the mob. Learned counsel for the petitioner submits that in similar circumstances, 4 co- accused persons have been granted bail by this Court vide Cr. Misc. No. 5980 of 2009 by order dated 18.4.2009. 2 Explaining the delay in surrendering, learned counsel for the petitioner submits that it was only in November 2008 that the requisition was made for arrest of the petitioners and thus they surrendered on 17.4.2009 and 13.4.2009. Considering the aforesaid submissions, petitioners namely Shambhu Mahato and Chandeshwar Mahato are directed to be released on bail in connection with Semara P.S. Case No. 28 of 2004 on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Bagaha, District- West Champaran. Sanjay (Sheema Ali Khan, J.)