IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9199 of 2008 BRAJESH YADAV & ANR Versus THE STATE OF BIHAR ----------- 6. 4.9.2008 Heard the learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in connection with Sabour (Lodipur) P.S. Case No.208/2005 for the alleged offences registered under sections 307 and 379 of the Indian Penal Code and section 27 of the Arms Act. It is submitted on behalf of the petitioners that in the First Information Report although the petitioners are named accused, but the specific allegation of firing is against other co-accused and not against these petitioners. It is further submitted that the petitioners were allegedly the members of an unlawful assembly along with other co-accused person, namely, Hemant Yadav alias Katikan Yadav alias Katiman Yadav , who has been allowed anticipatory bail this Court as per the order dated 6.11.2007 passed in Cr.Misc. No.41591 of 2007. The learned APP on perusal of the case diary is not in a position to refute the submissions of the petitioner made above. Considering the above, it is directed that petitioner no.1 Brajesh Yadav and petitioner no.2 Putal Yadav, in the event of their arrest or surrender in connection with Sabour (Lodipur) P.S. Case No.208/05 within a period of four weeks from today, be enlarged 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 the Chief - 2 - Judicial Magistrate, Bhagalpur, in connection with the aforesaid case, on the conditions mentioned in sub-section (2) of section 438 of the Code of Criminal Procedure. PNM (Shailesh Kumar Sinha,J.)