IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32530 of 2009 1. LALU RAI, son of Pundeo Rai 2. Arun Rai, son of Mahendra Rai Both are resident of village Ram Nagar, P.S. Chapra Muffasil, District Saran Versus STATE OF BIHAR ----------- 2. 14.9.2009 Heard counsel for the petitioners and the counsel for the State. Considering the fact that the name of the petitioners has emerged only later on and that in the earliest version given by the mother of the deceased at Patna Medical College and Hospital the petitioner was not named as a member of the mob or the persons who had allegedly assaulted the deceased, this Court is inclined to grant bail to the petitioners by also taking into account that the case of Tuntun Rai whose bail application was rejected by this Court by the order dated 18.8.2009 in Cr.Misc.No. 16600/2009 stands on different footing, inasmuch as Tuntun Rai has been named as a member of the mob as assailant in both the version of the mother of the deceased as also wife of the deceased. That being so, this Court would direct for release of the petitioners, Lalu 2 Rai and Arun Rai on bail on their furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saran at Chapra in Chapra (M) P.S.Case No. 160/2008 by taking an undertaking from the petitioners that they shall receive the police papers and also would remain present in course of trial and in the event either of the aforementioned two conditions are violated by them, their present bail shall also stand cancelled. (Mihir Kumar Jha,J.) Surendra/