IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24479 of 2009 1. LALLAN YADAV SON OF RAM KISHUN YADAV. RESIDENT OF VILLAGE – LADHUGADH, P.S. JANKI NAGAR, DISTT. PURNEA. 2. BRAHMDEO YADAV SON OF BIBHISHAN YADAV, RESIDENT OF VILLAGE SABILA, P.S. SAUR BAZAR, DISTT. SAHARSA. -------PETITIONERS. Versus STATE OF BIHAR ----------- 3. 9/11/2009 Heard learned Counsel for the petitioners and learned Counsel for the State. The case is under Section 307 read with Section 34 I.P.C. and Section 27 of the Arms Act. In the F.I.R. the incident has been narrated in detail and the informant has said that 10-12 unknown criminals had participated in the crime in which his father was shot dead. In the end of the F.I.R, it is stated that among the Gotia, and the named accused including the petitioners, Sadanand Yadav and Chitanand Yadav had threatened his father and uncle with life on account of land dispute. Learned counsel for the petitioners submits that the fact that the informant has named these two petitioners shows that he knew them by face. Still he has not named these petitioners as among the criminals who had committed the crime. This shows that these petitioners were not at the spot at all. They have been only made accused on suspicion of some larger conspiracy hatched by them. From the case diary it does not appear that any witness has claimed these 2 petitioners to have participated in the crime. Petitioners are in custody since 18.3.2009 and 21.5.2009 respectively. Considering the above facts and circumstances of the case, this application is allowed. Let petitioners namely, Lalan Yadav and Brahmdeo Yadav, be enlarged 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 Chief Judicial Magistrate, Purnea, in connection with Banmankhi P.S. Case No. 170 of 1998 with conditions as laid down in sub-section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioners. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioners and take steps for their arrest. S.Ali (J.N. Singh, J.)