IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26803 of 2009 1. Ajay Paswan, Son of Moti Paswan. 2. Vijay Paswan, Son of Moti Paswan. Both are resident of Village Pauni Hasanpur, Police Station Vaishali, District Vaishali. --------- Petitioners Versus The State of Bihar --------- Opp. Party ----------- 4 3.12.2009 Heard learned counsel for the petitioners and counsel for the State. The petitioners face prosecution for offence under Section 302 and allied offences of the Indian Penal Code with an allegation that an unlawful assembly of fifteen persons including the petitioners had indiscriminately assaulted the deceased as a result whereof, he had died at the spot. Learned counsel for the petitioners would submit that there is no specific allegation of overt act against the petitioners and they are in custody for a period of over one year i.e. since 10.11.2008. Counsel for the petitioners would draw attention of this Court towards an order dated 6.7.2009 in Cr. Misc. No. 13613 of 2009 wherein the co-accused, namely, Prakash Singh and Vimal Singh having identical allegations as that of the petitioners were directed to be 2 released on bail. Considering the aforementioned aspects, this Court would also direct for release of the petitioners, namely, Ajay Paswan and Vijay Paswan on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali in connection with Sadar (Vaishali) Police Station Case No. 76 of 2008, subject to the condition that one of the bailors would be a close family member of the petitioners. It is, however, made clear that the petitioners will be released on bail only if the court below would find that the petitioners have got no criminal antecedent. It goes without saying that the petitioners on being released on bail shall remain present in course of trial and their absence on two consecutive dates will make them liable for cancellation of the present bail. Rsh (Mihir Kumar Jha, J.)