IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36539 of 2008 1. BIPIN MALAKAR son of Gopali Bhagat 2. NAVIN MALAKAR 3. NAVNIT MALAKAR both sons of Late Ram Pravesh Malakar all resident of village- Khaira, P.S.- Punpun, District- Patna Versus STATE OF BIHAR ----------- 2 26.11.2008 Heard learned counsel for the petitioners and the State. Petitioners are accused in a case registered for the offences under sections 302/34 of the Indian Penal Code, section 3(i)(ii)(iii)(vii)(x) & 3(2)(vi) of the SC/ST (Prevention of Atrocities) Act and section 27 of the Arms Act. It has been submitted on behalf of the petitioners that the specific allegation is against the co- accused Sunil Malakar who fired with his pistol. It is further submitted that although there is allegation that these petitioners were also present, however there is no allegation that they were present with any fire arm nor there is any allegation attracting the provisions of the aforesaid SC/ST Act. Learned Addl. P.P. appearing for the State is not in position to refute the above submissions. Having considered the submissions, as noticed above, and in the facts and circumstances of the - 2 - case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Masaurhi at Patna, in connection with Punpun P.S.Case No. 20 of 2006 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)