IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10173 of 2009 1. Ram Ratan Mahto @ Ratan Mahto SON OF Late Hari Mahto, Resident of village Dhekaha, Gosai Tola, Police Station Pipra Kothi, District – East Champaran at Motihari 2. Ramesh Bherihar @ Ramesh Mahto @ Ramesh Raut, son of Late Ram Bachan Raut, resident of village Madhubani Ghat, Police Station- Mufassil, District- East Champaran Versus STATE OF BIHAR with Cr.Misc. No.19563 of 2009 Ramesh Mahto son of Chulhai Mahto, Resident of village Madhubani Ghat, Police Station Muffasil, District East Champaran at Motihari Versus STATE OF BIHAR ----------- 02/ 13.08.2009 Heard learned counsel for the petitioners and the State. Petitioners in the two applications are apprehending their arrest in connection with a case registered for the offence under Section 302 and other allied Sections of the Indian Penal Code, Section 27 of the Arms Act and Section 17 of the Criminal Law Amendment Act. Petitioner No.2, Ramesh Bherihar in Cr. Misc. No. 10173 of 2009 and petitioner, Ramesh Mahto in Cr. Misc. No. 19563 of 2009 are named in the First Information Report. In the circumstances, in view of the allegation set out therein, I am not inclined to admit them to the privilege of bail. Their prayer for grant of bail in the event of arrest is rejected with direction to surrender in the court of Chief Judicial Magistrate, Motihari in connection with Motihari Muffasil P.S. Case No. 87 of 2008 within four weeks from the 2 date of receipt of this order in the court below and apply for regular bail, which should be considered in accordance with law in the light of the orders passed in the case of other co-accused. So far petitioner no.1, Ram Ratan Mahto @ Ratan Mahto in Cr. Misc. No. 10173 of 2009 is concerned, he is not named in the First Information Report and has been implicated in this case by the daughter of the deceased after seven days of the occurrence. If such fact is correct, then he be admitted to the privilege of bail on furnishing bail bond of Rs. 5,000/- (Rs. Five thousand only) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari in connection with Motihari Muffasil P.S. Case No. 87 of 2008, subject to the conditions as laid down under Section 438(2) Cr.P.C., provided he surrenders in the court below within four weeks from the date of receipt of this order in the court below. Until such verification, no coercive steps be taken against him. Let this order be communicated to the court below through fax on payment of usual charges by the petitioners. Arjun/ ( V.N. Sinha, J.)