IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11869 of 2008 RAMESHWAR DAS Versus STATE OF BIHAR ----------- 3 6.5.2008 Heard both sides. The petitioner has prayed for bail in a case instituted under sections 396, 397 and 364 of I.P.C. and section 17 of C.L.A. Act. It is alleged that on 17.11.1997, police force was deputed at the mela to maintain law and order and about 5.15 p.m. 10 to 15 extremists who were variously armed surrounded them and tried to snatch their rifles in course of which three constables were killed. They also looted fire arms and ammunitions from the police personnel. Counsel for the petitioner submits that he is neither named in the F.I.R. nor any incriminating materials have been recovered in his possession. From the impugned order, it appears that two eye witnesses are said to have only stated that this petitioner has involvement in the alleged crime. Counsel for the petitioner, referring to Annexure-2, submits that co-accused Bhagwan Yadav and Shankar Das @ Santosh Das in similar fashion was made accused and detained in jail custody. They moved this Court for bail and under order dated 1.2.2008, (Annexure- 2), they have been released on bail. Counsel for the petitioner further submits that the petitioner is in custody since 3.10.2007. - 2 - Having regard to the fact that similar circumstances accused persons have got privilege of bail by this Court under Annexure-2. The petitioner Rameshwar Das is also directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Aurangabad in connection Goh P.S. case no. 115/97 subject to the condition that one of the bailers should be own family members of the petitioner. pkj ( Kishore K. Mandal, J )