IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28885 of 2011 ====================================================== 1. Sailendra Singh, son of Shiv Kumar Singh. 2. Amar Singh, Son of Phaguni Singh. 3. Chandan Singh Son of Hazari Singh. 4. Rajeev Singh Son of Madan Singh. 5. Manohar Singh, Son of Prahlad Singh, all resident of village-Rupas Maruyahi P.S.-Bhaktiyar pur, District-Patna. .... .... Petitioners Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioners : Mr. Yogesh Chandra Verma, Sr. Advocate For the Opposite Party : Mr. B.B. Prashant, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 3 15-10-2011 Heard. The petitioners apprehend their arrest in a criminal prosecution registered under Sections 307, 353 and other allied offences under the Indian Penal Code as also under Section 27 of the Arms Act. It is submitted that according to prosecution case, after counting of votes for the post of Mukhiya in a Gram Panchayat election was over, the supporters of unsuccessful candidates resorted to hooliganism and brickbatting, while protesting the election result. It is also submitted that present criminal case is the 2 result of political rivalry between the two groups of the Gram Panchayat. It is further highlighted that though due to throwing of brickbats, certain persons have sustained injuries but the petitioners are not specifically alleged to have caused those injuries. It is lastly contended that the petitioners had no motive for committing any crime punishable under Section 307 of the Indian Penal Code. Learned Additional Public Prosecutor has not disputed the aforesaid factual position. Be that as it may, in the facts and circumstances of the case, in the event of their arrest or surrender before the learned court below within a period of four weeks from today, the above named petitioners are directed to be released on bail, on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of like amount each in connection with Bakhtiyarpur P.S. Case No. 139 of 2011 to the satisfaction of learned Additional Chief Judicial Magistrate, Barh, Patna, subject to the conditions laid down under Section 438 (2) of the Cr.P.C. Devendra/- (Birendra Prasad Verma, J)