IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4096 of 2009 KANHAI PRASAD @ KANHAIYA KUMAR son of late Lakhan Prasad, resident of village- Nagsthan, P.S.-Masaurhi, Dist.-Patna. Versus STATE OF BIHAR With Cr.Misc. No.4537 of 2009 BALBIR PRASAD @ BALBIR YADAV son of Sri Sahdeo Singh @ SahdeoYadav, resident of Nag Asthan, P.S.-Masaurhi, Dist.-Patna. Versus STATE OF BIHAR With Cr.Misc. No.4583 of 2009 PARASH YADAV @ PARASH SINGH son of late Darshan Yadav, resident of village- Nag Asthan, P.S.-Masaurhi, Dist.-Patna. Versus STATE OF BIHAR ----------- 4. 29.4.2009. Heard learned counsel for the petitioners and the State. All the above three applications have been heard together and are being disposed of by this common order because they have arisen out of one occurrence under sections 302, 307 and some other sections of the Indian Penal Code. Altogether sixteen persons are named as accused. The petitioners are also named. Allegation is that a mob consisting of petitioners and others came and killed two persons. This occurrence was in retaliation of earlier occurrence in which two gangs were fighting for supermacy. Submission is that as per the first information report there is no specific allegation of killing or causing injury against any person. In course of investigation the injured has been examined and he has not given any specific role to any of the petitioners. During investigation some witnesses have stated that the deceased was killed by Balbir Yadav but this fact has not been mentioned in the first - 2 - information report. So it is subsequent development. Further submission is that other accused persons, namely, Shiv Janam Prasadm, Niranjan Yadav, Begum Yadav have been granted bail by this court on 15.1.2009 in Cr.Misc. No.46256 of 2008 and Cr.Misc. No. 48176 of 2008. They were also members of the mob. Considering the facts and circumstances of the case the above named petitioners are directed to be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Sub. Divisional Judicial Magistrate, Masaurhi, Patna in connection with Masaurhi P.S. Case No.101 of 2008 Md.S. (Shyam Kishore Sharma,J.)