IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2922 of 2009 Shiv Chandra Sah, son of Late Dhaneshwar Sah, Village- Basantpur, P.S.- Shankarpur, District- Madhepura. . . . . . . . . Petitioner. Versus THE STATE OF BIHAR WITH Cr.Misc. No.8057 of 2009 1. Sachin Yadav @ Sachendra Yadav, Son of Kishan Yadav, 2. Arbind Yadav, son of Yugo Yadav, Both residents of Village- Basantpur, P.S.-Shankarpur, District- Madhepura. . . . . . . . . Petitioners. Versus THE STATE OF BIHAR WITH Cr.Misc. No.8059 of 2009 1. Jagdish Yadav, Son of Late Kari Yadav, 2. Raben Yadav @ Rabindra Yadav @ Rabindra Kumar, Son of Jagdish Yadav, 3. Bijendra Yadav, son of Late Sunar Yadav, All residents of Village-Basantpur, P.S.-Shankarpur, District- Madhepura. . . . . . . . Petitioners. Versus THE STATE OF BIHAR ----------- 02 03.03.2009 Heard the learned counsel for the petitioners and the State. Since all the above three bail applications arise out of one occurrence, they have been heard together and are being disposed of by this common order. Initially, the case has been registered on 17.08.2008 under Sections 307 and some other Sections of the Indian Penal Code Code and 27 of the Arms Act and when injured died, Section 302 of the Indian Penal Code has been added subsequently.. Allegation is that the accused persons formed unlawful assembly and one of the members of the assembly Pankaj Singh fired - 2 - upon the informant’s brother Bindeshwari Sah, who received fire arm injury and thereafter succumbed to that injury. Submission is that the land dispute is reason of false implication. With regard to the same occurrence a case has been lodged from the side of the petitioner also against the informant and eleven others under Section 302 of the Indian Penal Code and 27 of the Arms Act in which allegation is that the members of the prosecution party attacked accused Manoj Sah and others and brutally assaulted them and one Shambhu Sah was killed. It has also been submitted that there is no overt act against the petitioners and one of the members of unlawful assembly Surendra Mohan has already been granted bail by this Court by order dated 20.01.2009 passed in Cr. Misc. No. 50442 of 2008. Considering the facts and circumstances of the case, petitioners above named are directed to 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 Sub-Divisional Judicial Magistrate, Madhepura in connection with Shankarpur P.S. Case No.44 of 2008, (G.R. No. 1101 of 2008). Uday/ (Shyam Kishore Sharma, J.)