IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3569 of 2009 1.ASHOK KUWAR son of late Ganesh Kuwar 2.Ram Vinay Kuwar son of Lal Babu Kuwar Both residents of village – Bairiya, Police Station – Pipradhi, District – Sheohar. Versus STATE OF BIHAR ----------- 2. 5.3.2009 Heard learned counsel for the petitioners and the State. The petitioners are named accused of a case which has been registered under sections 302/34 and 120B of the Indian Penal Code and section 27 of the Arms Act. The informant in her Fardbayan alleged that on 30th January 2007, her husband while coming on a tractor, on the order of the petitioners shots were fired by Shashi Kuwar, Mukund Kuwar and Kapish Singh. The informant’s husband subsequently died. Submission is that in course of investigation matter was investigated into and police found `lack of evidence’ against the petitioners and final form was ordered to be submitted. Accordingly final form was submitted. Later on, the court has taken cognizance and the petitioners have been made accused on the basis of cognizance taken. The informant has opposed the prayer for bail and submitted that petitioners have absconded and now the court has taken cognizance. They were member of the mob which caused murder of the husband of the informant. Kapis Singh has already been convicted after trial. Considering the fact that the petitioners are order giver and the police has submitted final form against them, the above named - 2 - petitioners are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of Shri P.K. Neogy, A.D.J. cum Fast Track Court No. 1, Sitamarhi. Md.S (Shyam Kishore Sharma, J.)