IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30532 of 2008 1. BINOD @ BINODI YADAV 2. Bisheshwer Yadav 3. Pramod Yadav All sons of Jitan Yadav 4. Bhopal yadav 5. Baiju @ Baijnath Yadav, Both sons of Laljeet yadav @ Lalit Yadav 6. Satish yadav, Son of Kameshwar yadav 7. Devan Yadav @ Devendra yadav, Son of Bhuneshwar yadav All resident of Village- Ariabi, P.S.- Ariyari, District-Sheikhpura. Versus THE STATE OF BIHAR ----------- 2 16.10.2008 Heard learned counsel for the petitioner and learned counsel for the State as well as learned counsel for the informant. Case is under Section 302 and other Sections of the Indian Penal Code. There are 7 petitioners in this case. From the perusal of the FIR, it appears that one Nepu yadav was armed with Khanti and Rajo armed with lathi and Baiju Yadav (petitioner no. 5) was armed with brick bat and stones. Nepu Yadav and Laljit Yadav assaulted the deceased with the weapons in their hand and petitioner no. 5 got to the roof and threw brick bats on the deceased. After the deceased fell down, he was again assaulted by said Nepu Yadav, Rajo Yadav, Laljit Yadav and 2 petitioner no. 5. So far as the role of the other petitioners are concerned, there is no specific allegation against the petitioner nos. 1 and 6 to have assaulted either the deceased or the other injured. So far as petitioner nos. 2, 3 and 4 are concerned, allegations against them are of having assaulted one Hari Mohan Yadav. So far as petitioner no. 7 is concerned, allegations against him and Nepu Yadav is of having fired upon other persons of the family who came to rescue the deceased and other injured. However, in the FIR itself, it is stated that nobody sustained fire arm injury. From the injury report of Hari Mohan Yadav, annexed as Annexure-4/1, it appears that he sustained simple injuries only. In the circumstances since allegation against petitioner no. 5 is of having repeated his assault on the deceased even after he fell down, I am not inclined to allow his prayer for bail and therefore, the same is rejected for the present. So far other petitioners are concerned, there is no allegation against them of having assaulted 3 the deceased and they have remained in custody for four months or more. In the circumstances, prayer of petitioner nos. 1, 2, 3, 4, 6, 7 for bail are allowed and they are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Shaikhpura in connection with Arari P.S. Case No. 12/2008. Arvind/ ( J. N. Singh, J.)