IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9704 of 2008 LAKHAPATI MANDAL Versus STATE OF BIHAR with Cr.Misc. No.10186 of 2008 FULO CHOUDHARY Versus STATE OF BIHAR with Cr.Misc. No.17902 of 2008 INDRADEO CHAUDHARY Versus STATE OF BIHAR ----------- 3 09/05/2008 Above noted applications arise out of one occurrence i.e. Khagaria (Morkahi) P.S. Case No. 480 of 2007 registered under sections 302, 201, 120B/34 of the Indian Penal Code have been heard together and are being disposed of by this common order. Heard learned counsel for the parties. According to the informant Jagdambi Mandal, on 2.10.2007 his brother Prakash Mandal had gone with named accused persons through boat. Allegation is that Ganeshi Chaudhary, Dashrath Chaudhary, Chotelal Chaudhary, Sakaldev Chaudahry and Rajo Chaudhary started indiscriminate firing upon the boat as a result of which Prakash Mandal was killed. Submission on behalf of the petitioners is that the deceased himself was a criminal and accused of six serious cases from before which has come during investigation. On behalf of petitioner Indradeo Chaudhary it has been submitted that though he is named in the FIR but allegation of firing is not against him. Allegation against him is that he was also present and at that time no firing was resorted. On - 2 - behalf of other petitioners it has been submitted that they were not named in the FIR though the FIR describes the entire version of the occurrence. On behalf of the informant it has been submitted that petitioner Indradeo Chaudhary is accused in three cases from before. The FIR is in two parts. The second part describes the manner in which Prakash Mandal was killed and in that part none of the petitioners are named. Allegation of firing is against others. Considering the facts and circumstances of the case, the petitioner Lakhapati Mandal of Cr. Misc. No. 9704 of 2008, the petitioner Fulo Choudhary of Cr. Misc. No. 10186 of 2008 and the petitioner Indradeo Chaudhary of Cr. Misc. No. 17902 of 2008 are directed to be released on bail 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 C.J.M., Khagaria in connection with Khagtaria (Morkahi) P.S. Case No. 480 of 2007. avin. (Shyam Kishore Sharma, J.)