IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11158 of 2009 1. CHHOTU MAHTO @ SATENDRA KUMAR SON OF RAMDHANI MAHTO 2. MUNNA MAHTO SON OF RAJENDRA MAHTO BOTH RESIDENTS OF VILLAGE – SEKHPURA SHERGHATI, P.S. – SHERGHATI, DISTRICT – GAYA. ---------PETITIONERS. Versus STATE OF BIHAR ----- OPPOSSITE PARTY. ----------- For the petitioners. : M/s. Rajani Kant Singh, Advocate. Surendra Kumar Mishra, Advocate. For the State : Md. Ansarul Haque, A.P.P. -------- 2. 1/5/2009 Heard. Petitioners are facing prosecution under Sections 147, 148, 149, 447, 307, 302, 435 of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel for the petitioners submits that the allegation against petitioner No. 1 is that he fired upon the informant but it could not hit him whereas allegation against the petitioner No. 2 is that he was merely a member of mob who attacked the informant and other. It is stated that co-accused Chunnu Mahto fired causing injury to one Ramlakhan Mahto who succumbed to the injuries. It is further submitted that several accused persons have been granted bail and one of them namely Kundan Mahto @ Mithilesh Kumar has been granted anticipatory bail by a Bench of this Court. Further contention is that the antecedent of these petitioners are clean and the petitioner No. 1 is in jail custody - 2 - since 8.12.2008 whereas petitioner No. 2 is in jail custody since 10.11.2008. Learned counsel for the State submits that there is allegation of firing against petitioner No. 1 whereas petitioner No. 2 was also a part of unruly mob. Having regard to the rival submission and in the facts and circumstances of the case, petitioners namely Chhotu Mahto @ Satendra Kumar and Munna Mahto are directed to be released 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 Sub Divisional Judicial Magistrate, Sherghati, Gaya, in connection with Sherghati P.S. Case No. 156 of 2007. S. Ali (Dr. Ravi Ranjan, J.)