IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.42089 OF 2009 1. BALMU SINGH @ BIKARMA SINGH 2. HARE KRISHNA SINGH @ KRISHNA SINGH, BOTH SONS OF LATE NEPAL SINGH @ NEPALI SINGH 3. RAJESH SINGH @ BAM SINGH, SON OF HARE KRISHNA SINGH, ALL RESIDENTS OF VILLAGE BALIGAON, POLICE STATION AYAR IN THE DISTRICT OF BHOJPUR…………………………………PETITIONERS VERSUS THE STATE OF BIHAR…………………OPPOSITE PARTY ----------- 2. 11.12.2009 Heard learned counsel for the petitioners and learned counsel for the State. The case is under sections 147, 148, 149, 384, 452, 380, 302, 307, 427, 504 read with section 34 of the Indian Penal Code and section 27 of the Arms Act. There is general and omnibus allegation against petitioners in the first information report. The specific allegation of assault of firing by the rifle has been assigned to one Baban Singh on the deceased and to Bishwanath Singh on the informant. Although several persons have been named in the first information report but no specific act has been assigned to these petitioners in the crime. Petitioners are in judicial custody since 21.08.2009 and it is stated that they have no criminal antecedents. Learned counsel for the petitioners submits that in paragraph 12 of the petition it is stated that in fact, the supervising authority has found that occurrence had happened in altogether - 2 - different manner. Considering the above facts and circumstances and particularly, considering the fact that there is no allegation of any overt act against petitioners in the F.I.R., this application is allowed. Let petitioners, namely, Balmu Singh @ Bikarma Singh, Hare Krishna Singh @ Krishna Singh and Rajesh Singh @ Bam Singh, be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur, Ara in connection with Ayar P.S. Case No.62 of 2009 with conditions as laid down in sub-section (3) of section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioners. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioners and take steps for their arrest. B.T (J. N. Singh, J.)