IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23341 of 2009 BABLOO HARIJAN @ BABLU HARIJAN, Son of Rup Narayan Harijan, Resident of Village-Bhawanipur, P.S.-Rangra (Gopalpur), District-Bhagalpur. Versus THE STATE OF BIHAR With Cr.Misc. No.28544 of 2009 RAJESH YADAV, Son of Bhola Yadav, Resident of Village-Bhawanipur, Police Station-Rangra (Gopalpur), District-Bhagalpur. Versus THE STATE OF BIHAR With Cr.Misc. No.24763 of 2009 SUNIL YADAV, Son of Makhu Yadav, Residen of Village-Bhawanipur, P.S.-Gopalpur (Rangra), District-Bhagalpur. Versus THE STATE OF BIHAR ----------- 03. 17.09.2009 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Sections 302/34 of the Indian Penal Code. Taking into consideration the fact that it has been stated in paragraph 12 of the case diary that the deceased at an earlier point of time on account of not having been given the fishing rights over a certain pond had resorted to killing of one Pramod Singh and this occurrence took place on such retaliation as also the fact that in paragraph 17 a number of cases have been cited - 2 - against the deceased and like co-accused Kumodi Yadav he had antecedent as well the fact that petitioners are not the persons with whom the deceased had rivalry over fishing rights, let the petitioners above named be released on bail on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Naugachia, Bhagalpur in connection with Gopalpur (Rangra) P.S. Case No. 77 of 2009 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. (ii)That the petitioners will give an undertaking that they will receive the police papers on the given date and will not delay the trial. It is being stated that the petitioners, Babloo Harijan @ Bablu Harijan and Rajesh Yadav have no criminal antecedent and so far as the petitioner, Sunil Yadav is concerned there is one case against him i.e. for kidnapping of his own wife which fact will be verified by the Magistrate concerned and in case if it is found to be incorrect the petitioners will not be released on bail. Vikash/- (Anjana Prakash, J.)