IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.42475 OF 2008 1. RAM BABU RAI SON OF LATE JANKI RAI 2. PRABHU RAI, SON OF LATE BHAGIRATH RAI BOTH RESIDENT OF VILLAGE MADHOPUR HAZARI POLICE STATION SAHEBGANJ, DISTRICT MUZAFFARPUR VERSUS THE STATE OF BIHAR ******* 2 26.11.2008 Heard Counsel for the petitioner and the A.P.P. representing the State. The petitioner seeks bail in a case which has been registered under Section 302/34 of the Indian Penal Code The informant has alleged that he was going along with his father and brother. In the mean while, his father was caught and threw down on the ground by this petitioner and others including Pinku Rai, Ram Babu Rai and Prabhu Rai. Later on, the informant’s father was assaulted by Jai Ram Rai and other named accused persons. The informant’s father died. Submission is that the matter has been investigated into and in course of supervision, only Jairam Rai and Sita Ram Rai were found guilty and charge sheet was submitted against them. The petitioner and other named accused persons were not found guilty and so they were not sent up for trial. Further submission is that similarly situated accused persons have been granted bail 2 by different orders of this Court. Considering the facts and circumstances of the case, the petitioners, namely, Ram Babu Rai and Prabhu Rai are directed to be released on bail in Sahebganj Police Station Case No. 131 of 1999 (Sessions Trial No. 276 of 2003) on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the 1st Additional Sessions Judge, Muzaffarpur. Anand (Shyam Kishore Sharma, J.)