IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1788 of 2011 AJAY SINGH Versus THE STATE OF BIHAR with Cr.Misc. No.2877 of 2011 SURENDRA SINGH Versus THE STATE OF BIHAR ----------- 2 01.03.2011 Heard Mr. Farooq Moazzam learned counsel appearing for the petitioner in Cr. Misc. No. 1788 of 2011 and Mr. Binod Kumar appearing in Cr. Misc. No. 2877 of 2011, and learned A.P.P. for State. Both the above-said Cr. Misc. Cases arise out of the same case i.e. Beldour P.S. case No. 29 of 2010 registered under sections-147, 148, 149, 302, 341, 323 of the Indian Penal Code and accordingly, the above-said Cr. Misc. Cases are being heard and disposed of by this common order. Petitioner in Cr. Misc. No. 1788 of 2011 is not named in the FIR as the father’s name of the petitioner has been disclosed as Darogi Singh whereas one, Ajay Singh, S/o Ram Singh is named in the F.I.R. So far petitioner in Cr Misc. No. 2877 of 2011 is concerned, he is named in the FIR but no specific overt act has been attributed against the petitioner in Cr Misc. No. 2877 of 2011 in the written report of the informant but it appears from Annexure-2 series that in course of investigation, the statement of some witnesses were recorded - 2 - u/S 164 of the Cr.P.C. in which they stated specifically against the accused persons. Furthermore, the aforesaid witnesses also disclosed the roles played by accused persons of the case. I find from perusal of Annexure-2 series that one witness, namely, Hemant Kumar has stated that the petitioner in Cr Misc. No 2877 of 2011 rubbed sand on the eyes of the deceased at the time of alleged occurrence. Moreover, it appears to me that having more or less similar allegation, several co-accused persons have already been released either on anticipatory bail or on regular bail by different benches of this court. In view of the aforesaid facts and circumstances, let both the petitioners, namely, Ajay Singh (in Cr.Misc. No.1788 of 2011) and Surendra Singh (in Cr,. Misc. No. 2877 of 2011) be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Beldour P.S. case No. 29 of 2010 to the satisfaction of Chief Judicial Magistrate, Khagaria. AKV/- (Hemant Kumar Srivastava,J.)