IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33580 of 2008 1. SURAT RAJBHAR SON OF LATE BHIKHI RAJBHAR 2. TEJPATI RAI SON OF LALJEE RAI 3. KAMLESH RAI SON OF LATE NAGINA RAI 4. RAJ BANSH RAJBHAR SON OF MURAT RAJBHAR 5. DHAJA RAI SON OF LAL MUNI RAI ALL RESIDENTS OF VILLAGE DHARAHARA, P.S. CHAINPUR, DISTRICT KAIMUR(BHABUA)----------------------------------PETITIONERS. Versus STATE OF BIHAR----------------------OPPOSITE PARTY. For the Petitioner : Mr. Kumar Sunil, Advocate. For the Opposite Party : Mr. Nitya Nand Tiwari, A.P.P. ----------- 03. 04.12.2008. Heard learned counsel for the petitioners and the State. Petitioners are accused in a case under Section 307 and other allied Sections of the Penal Code. They are named in the First Information Report along with 42 others with omnibus allegation of resorting to firing against all. During the further statement of the informant ten of those named in the F.I.R. are identified including the petitioner as who resorted to firing. It is submitted on behalf of the petitioners that petitioner nos. 1, 2 and 3 are in jail custody since 21.4.2008 and petitioner nos. 4 and 5 are in jail custody since 8.5.2008 and by now have not even completed nine months in jail custody. However, considering the fact that one of the co- accused, namely, Dhakka Rai, who is also identified by the informant as one who resorted to firing has already been admitted to the privilege of bail by the court below. - 2 - In the circumstances, petitioners, namely, Surat Rajbhar, Tejpati Rai, Kamlesh Rai, Raj Bansh Rajbhar and Dhaja Rai are directed to be released on bail on furnishing bail bond of Rs. 5000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Kaimur(Bhabua) in connection with Chainpur P.S. Case No. 39 of 2008. Rajesh/ (V.N.Sinha,J.)