IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23831 of 2008 BABAN SINGH Versus THE STATE OF BIHAR With Cr.Misc. No.24771 of 2008 DAROGA SINGH Versus STATE OF BIHAR ----------- 03/ 19.08.2008 Heard all sides. The two petitioners in two petitions namely, Baban Singh and Daroga Singh are alleged to have fired shots along with accused Brij Bihari Ram and Binay Singh. The contention is that the allegation is not certain as to whose shots caused fatal injury, which were only two in number as appears from the post-mortem report. The further contention is that the enmity between the parties is admitted as appears from the latter part of the written report, which indicates that a murder trial was already pending and the deceased has come out of jail after being admitted to bail. The learned counsel appearing for the informant has resisted the prayer for bail on the ground that prayer for bail of similarly situated accused has been dismissed by a Bench of this Court in Cr. Misc. No. 3880 of 2008 and the allegations being similar the two petitioners do not deserve to be admitted to bail. The record of the above noted Misc. petition has been perused by me and the prayer for bail of Brij Bihari Ram was rejected at that stage and the trial was directed to expedite. The court is informed that the trial has not yet been taken of. Considering the general nature of the allegations and the material definitely indicating the death on account of only two shots, let petitioners Baban Singh and Daroga Singh be released from custody on furnishing a bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur at Ara in connection with Piro Case No. 42 of 2007 corresponding to G.R. No. 614 of 2007. DKS/ (Dharnidhar Jha, J.)