IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39773 of 2010 1. SUSHIL PANDEY 2. Brajesh Pandey Both sons of Shri Ramchandra Pandey, resident of Village-Kudia, P.S. Pipra , District- East Champaran ----------------------Petitioners Versus STATE OF BIHAR ----------- 02 14-12-2010 Heard Sri Ansul, learned counsel for the petitioners and Sri Rajesh Kumar, learned Addl. Public Prosecutor for the State. Two petitioners, who are in custody in connection with Pipra P.S. Case No.102 of 2010 for the offences under Section 302 and other allied Sections of the Indian Penal Code,Section 27 of the Arms Act and under the provisions of SC/ST Act, have prayed for grant of bail. Learned counsel for the petitioners submits that even in the F.I.R. there is general and omnibus allegation. From the F.I.R. , it is evident that two accused persons were carrying arms and they were also firing on the villagers of the informant. The only allegation against the petitioners is that in the occurrence they had used lathi. It was submitted that due to village politics, both the petitioners have been made accused. Petitioner no.1 is the agriculturist and petitioner no.2 is the Sanskrit Teacher. Learned counsel for the State has opposed the prayer for bail of the petitioners. It was submitted that in the occurrence at least one person died due to fire-arm injury and others had 2 also received fire-arm injury. Keeping in view the specific allegation of firing against other accused persons and the petitioner had used lathi in the said occurrence, let the petitioners above named 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 learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Pipra P.S. Case No.102 of 2010. NKS/- ( Rakesh Kumar, J.)