IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47061 of 2008 1.JATTU MURMU S/O-Late Doman Murmu 2.LALJI MURMU S/O-Late Doman Murmu 3.NAND KISHORE MURMU S/O-Jattu Murmu All R/O-Vill-Dudhiya Tari, P.S.-Banka, Distt.-Banka. …………………………………………..Petitioners. Versus THE STATE OF BIHAR ……………………………………..Opposite Party. WITH Cr.Misc. No.48464 of 2008 1.SANT LAL MURMU S/O-Jattu Murmu 2.SUNNA MURMU S/O-Karu Murmu @ Gena Murmu 3.DINESH MURMU S/O-Jhora Murmu All are R/O-Vill-Dudhiya Tari, P.S. & Distt.-Banka. …………………………………………..Petitioners. Versus STATE OF BIHAR ……………………………………..Opposite Party. ----------- 4/ 25.03.2009 Since both above these bail applications have arisen out of one occurrence i.e. Banka P.S. Case No. 340 of 2006, they have been heard together and are being disposed of by this common order. The case has been registered under Section 307 and some other Sections of the Indian Penal Code and Sections 3/4/5 of the Explosive Substances Act. After death Section 302 of the Indian Penal Code was added later on. Allegation is that due to indiscriminate assault by 14 named accused including the petitioners and others the informant, Devu Murmu, Moti Lal Murmu and Bhudeo Murmu received grievous injuries. One of the - 2 - injured Moti Lal Murmu died, so Section 307 of the Indian Penal Code has converted into Section 302 of the Indian Penal Code. Submission is that there is a case and a counter case. There was free fight between the petitioners’ side and the informants’ side. The counter case has also been registered under Section 302 and some other Sections of the Indian Penal Code and Section 27 of the Arms Act. There is no specific allegation against any of the accused. Similarly situated co-accused Sanjay Murmu has been granted bail vide Cr. Misc. No. 26033 of 2007 on 12.09.2007. Considering the facts and circumstances of the case, the petitioners Jattu Murmu, Lalji Murmu, Nand Kishore Murmu (in Cr. Misc. No. 47061 of 2008) and Sant Lal Murmu, Sunna Murmu, Dinesh Murmu (in Cr. Misc. No. 48464 of 2008) are ordered to 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 Chief Judicial Magistrate, Banka in connection with Banka P.S. Case No. 340 of 2006. kksinha/ (Shyam Kishore Sharma, J.)