IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21501 of 2009 1. DHANEY MAHATO 2. MAHESH MAHATO, BOTH SONS OF LATE PATI MAHATO, RESIDENT OF VILLAGE BANTAIL RAMU KA TOLA, P.S. KUCHAIKOTE, DISTRICT GOPALGANJ Versus STATE OF BIHAR ----------- 2. 09.07.2009 Heard learned counsel for the petitioner and learned counsel for the State. The case is under Section 302 and other sections of the Indian Penal Code. From the first information report it appears that although the petitioners were armed with lathI and sword respectively, no overt act has been alleged against them whatsoever. Considering the fact that at best the petitioners were members of the unlawful assembly, the application is allowed. Petitioners, namely, Dhaney Mahato and Mahesh Mahato, are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj in connection with Kuchaikote P.S. Case No.150/08, Tr. No.2089/08. B.T (J.N. Singh, J.)