IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.19928 OF 2009 1. NARESH YADAV, SON OF GANAERI YADAV 2. NARSHING YADAV, SON OF PRABHU YADAV, BOTH RESIDENTS OF VILLAGE NARAYANPUR, P.S. FATEHPUR, DISTRICT GAYA………………..PETITIONERS VERSUS THE STATE OF BIHAR………………..OPPOSITE PARTY ----------- For the petitioners : Mr. Yogesh Chandra Verma, Sr. Advocate with Mr. Ajoy Kumar Singh, Advocate. For the State : Mr. Umesh Chandra Verma, Addl. P.P. *** 4 07.11.2009 Heard learned senior counsel for the petitioners and learned counsel for the State. The case is under Sections 323, 302 and 201 read with Section 34 of the Indian Penal Code and Sections 3/4/5/6 of the Prevention of Witch (Daain) Practices Act, 1999. From the first information report it appears that on account of mob frenzy, the two ladies died. In the F.I.R. there is omnibus allegation against almost 100 villagers of having participated in the crime. Learned Senior counsel for the petitioner submits that it is difficult to pinpoint as to whether petitioners had taken active part in assaulting deceased in the said mob. The case diary does not show any specific allegation against petitioners of having given specific assault to the deceased. Learned senior counsel submits that in similar circumstances, - 2 - other accused persons have been allowed bail by orders passed in Cr. Misc. Nos. 13918/07, 23406/07, 23482/07 and 37666/07. Petitioners are in custody since 2.2.2009. Considering the above facts and circumstances, this application is allowed. Let petitioners, namely, Naresh Yadav and Narshing Yadav, be enlarged 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, Gaya in Fatehpur P.S. Case No.63/2000 with conditions as laid down in sub-section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioners. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioners and take steps for their arrest. B.T (J.N. Singh, J)