IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40351 of 2010 1. DASHRATH SINGH, son of late Mouzi Singh. 2. Rupan Singh, son of Late Mouzi Singh. Both resident of village-Mangrappa, Police Station- Asargang, District-Munger. …….Petitioners. Versus THE STATE OF BIHAR ----------- 2 22.12.2010 Heard Sri Ram Sevak Chaudhary, learned counsel for the petitioners and Sri Ajit Kumar Singh, learned counsel for the informant as well as Smt. Indubala Pandey, learned Addl. Public Prosecutor for the State. Both the petitioners, who are full brother and in custody in connection with Asarganj P.S. Case No.36 of 2010 for the offence under Section 307/379 and other allied sections of the Indian Penal Code, have prayed for grant of bail. Learned counsel for the petitioners submit that in the occurrence it was alleged that petitioner no.1 ordered other accused persons to kill the informant and, thereafter, petitioner no.2 open fired but did not cause any injury to anyone. However in the occurrence other accused persons had also fired. The learned counsel for the petitioners submits that keeping in the nature of allegation, both the petitioners may be directed to release on bail. Sri Singh, learned counsel 2 appearing on behalf of the informant has vehemently opposed the prayer for bail. It was submitted that in the occurrence, the accused persons had also looted Rs.70,000/- cash as well as ornaments of rupees one lacs, which was controverted by learned counsel for the petitioners. It was submitted by learned counsel for petitioners that during supervision allegation of offence under Section 379 was found untrue. Learned Additional Public Prosecutor has taken same stand, which was taken by learned counsel for the informant. It was further submitted that other two cases are still pending against petitioner no.1. Keeping in view the fact that the petitioner no.1 in the present case was only order giver and no injury was caused, it is a fit case for extending the privilege of bail. Let the petitioners above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger, in connection with Asarganj P.S. Case No.36 of 2010. PN ( Rakesh Kumar,J.)