IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35824 of 2009 ISHNATH YADAV SON OF BUNNI YADAV, RESIDENT OF VILLAGE- ASHAHNI, P.S.- RASULPUR, DISTRICT- SARAN Versus STATE OF BIHAR with Cr.Misc. No.32956 of 2009 ASHOK YADAV SON OF KISHUN YADAV , RESIDENT OF VILLAGE- ASHAHNI, P.S.- RASULPUR, DISTRICT- SARAN Versus STATE OF BIHAR with Cr.Misc. No.38678 of 2009 KABBADDI OJHA @ JAI KISHORE OJHA SON OF LATE MANDEO OJHA, R/O VILLAGE- ASHANI, P.S.- RASULPUR, DISTRICT- SARAN Versus STATE OF BIHAR with Cr.Misc. No.37818 of 2009 SATENDRA YADAV @ SATYENDRA YADAV SON OF ANPUCHH YADAV, RESIDENT OF VILLAGE- ASHAHNI, P.S.-RASALPUR, DISTRICT- SARAN Versus STATE OF BIHAR ----------- 5 05/01/2010 Above noted applications have arisen out of one occurrence i.e. Rasulpur P.S. Case No. 10 of 2009 have been heard together and are being disposed of by this common order. The petitioners seek bail in a case which has been registered under sections 307, 302 and some other Sections of the Indian Penal Code and Section 27 of the Arms Act. Informant Biswajit Yadav has alleged that Anil Ojha, Pujakar Tiwary, Pramod Ojha, Chakradhar Tiwary, Ishnath Yadav, Ashok Yadav, Satyendra Yadav, Kabaddi Ojha and other persons have formed unlawful assembly 2 and thereafter, Anil Ojha, Pramod Ojha, Ashok Yadav, Ishnath Yadav, Satyendra Yadav and Kabaddi Ojha have indiscriminately fired causing death of the informant’s father Narayan Yadav and uncle Makardhwaj Yadav and injury to other persons. Submission is that in the alleged occurrence many persons have allegedly received injuries, they are Sripat Yadav, Mamila Yadav, Jeut Yadav and Mukesh Yadav whose statements were recorded by the I. O. during investigation in paragraphs 141, 142, 162, 163, 74 and 75 of the case diary. All the injured persons have supported the version of Chandrama Yadav which was recorded by the A.S.I. of Pirbahore Police Station at P.M.C.H on 12.3.2009 at 11.P.M. Chandrama Yadav has stated that due to indiscriminate firing of Anil Ojha and Sukhranjan Tiwary death have occurred. On behalf of all the petitioners it is submitted that the injured persons are the best witness of the occurrence and have not named the petitioners as assailants rather their statements show that Anil Ojha and Sukhranjan Tiwary are the assailants. Prayer for bail of the petitioners has been opposed by the learned counsel appearing for the informant. Considering the statements of the injured persons and facts and circumstances of the case, the 3 petitioners above named of all the cases are directed to be released on furnishing of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge/concerned Court, Saran at Chapra in Sessions Trial No. 468 of 2009 arising out of Rasulpur P.S. Case No. 10 of 2009. avin (Shyam Kishore Sharma, J.)