IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.42252 of 2008 1. Rajendra Yadav, Son of Sri Jail Lal Yadav, & 2. Sakaldev Yadav @ Lalwa @ Shiv Shankar Yadav, Son of Sri Manu Yadav, Both are residents of Village Hanuman Nagar, Post-Dhavahi, Police Station Phulparas, District Madhubani. . . . . . Petitioners. Versus THE STATE OF BIHAR WITH Cr. Misc. No.50993 of 2008 Lal Yadav @ Shiv Shankar Yadav, Son of Sri Kamal Yadav, resident of village Hanuman Nagar, Police Station Phulparas, District Madhubani. . . . . . Petitioner. Versus THE STATE OF BIHAR WITH Cr. Misc. No.3062 of 2009 Lal Baboo Yadav, Son of Sri Gudar Yadav, resident of village Hanuman Nagar, Police Station Phulparas, District- Madhubani. . . . . Petitioner. Versus THE STATE OF BIHAR WITH Cr. Misc. No.5308 of 2009 Musai Yadav @ Surya Narayan Yadav, Son of Late Moje Lal Yadav, resident of Village-Hanuman Nagar, Police Station Phulparas, District- Madhubani. . . . . . . . ..Petitioner. Versus THE STATE OF BIHAR ----------- 3/ 15.04.2009 Since all the above four applications have arisen out of one and the same police case, they have been heard together and are being disposed of by this common order. Petitioners seek bail in a case which has been registered for the offences under Section 302/34 and some other Sections of the Indian Penal Code and 27 of the Arms Act in which two persons were shot dead by a mob consisting of the petitioners and others. Allegation is that the petitioners formed an unlawful - 2 - assembly with other named accused persons and Lal Baboo Yadav and Lal Yadav fired which caused fatal injuries to Ramatar Yadav, who was elder brother of the husband of the informant. In the mean while husband of the informant, Narayan Yadav, ran to his house but he was also caused fire-arm injury by Sakaldev Ydav and Rajendra Yadav and he also died. Later on Nageshwar Yadav caught the informant’s mother-in-law and assaulted her. Submission is that the post-mortem report of the informant’s husband Narayan Yadav does not disclose that he has received any fire arm injury so the allegation against Rajendra Yadav and Sakaldev Yadav is not corroborated by the medical evidence. It has been submitted on behalf of Musai Yadav @ Surya Narayan Yadav that he is only member of unlawful assembly and no attribution is levelled against him. It has been submitted on behalf of Lal Baboo Yadav that though the injuries are there but there was no intention to kill the deceased. Prayer for bail of the petitioners has been opposed by the learned lawyer for the State assisted by the learned lawyer appearing on behalf of the informant. The post-mortem report of Ramatar Yadav indicates that he has received fire arm injuries which are attributed to Lal Baboo Yadav and Lal Yadav @ Shiv Shankar Yadav. Accordingly, prayer for bail of petitioner namely Lal Baboo Yadav (Cr. Misc. No. 3062 of 2009) and Lal Yadav @ Shiv Shankar Yadav (in Cr. Misc. No.50993 of 2008) is - 3 - rejected. There is no corroboration from post-mortem report of Narayan Yadav with regard to causing fire arm injuries to him by the petitioners Rajendra Yadav and Sakaldev Yadav @ Lalwa @ Shiv Shankar Yadav and there is no specific overt act against Musai Yadav @ Surya Narayan Yadav. Accordingly petitioners, namely, Rajendra Yadav and Sakaldev Yadav @ Lalwa @ Shiv Shankar Yadav (in Cr. Misc. No.42252 of 2008) and Musai Yadav @ Surya Narayan Yadav and Cr. Misc. No. 5308 of 2009), 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 Additional Chief Judicial Magistrate, Jhanjharpur, District- Madhubani in connection with Phulparas P.S. case no. 222 of 2007. Uday/ (Shyam Kishore Sharma, J.)