IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34664 of 2009 1. Ranjit Rai Son of Arjun Rai @ Arjun Prasad Sharma 2. Jai Prakash Rai @ Jay Prakash, son of Bali Raj Rai Both are residents of village Brahampur, P.S. Azimabad, District- Bhojpur (Arrah) …….. Petitioners Versus The State Of Bihar ……..Opp.Party with Cr.Misc. No.24764 Of 2009 1. Santosh Rai son of Late Awadhesh Rai 2. Wakil Rai @ Shyam Narain Singh, son of Radharuchan Rai @ Radha Rai 3. Lalan Rai, son of Sakal Rai 4. Shiv Jee Rai, son of Nagina Rai All resident of village Brahampur, P.S. Azimabad, District- Bhojpur (Arrah) …….. Petitioners Versus The State Of Bihar ……. Opp.Party ----------- 2. 27/10/2009 Heard learned senior counsel for the petitioners and learned counsel for the State. Case is under sections 147, 148, 324, 307, 302, 120B of the Indian Penal Code, section 27 of Arms Act and section 3(1)(x) of S.C. and S.T. (Prevention of Atrocities) Act. Petitioners are though named in the F.I.R. but there is general and omnibus allegation of firing against them. So far as two deceased and one injured are concerned, three persons have been specifically named to - 2 - have fired upon them. They are Arun Yadav, Ajay Rai and Rakesh Rai. F.I.R. does not mention that firing by these petitioners hit anyone or caused any injury to anyone. Learned senior counsel for the petitioners submitted that investigation in the case had started much earlier and brother of one of the deceased made specific statement as eye witness in the night itself before the police but the same was not registered as F.I.R. The injured, whose statement was recorded in the hospital, had also not named any one. However, it is only on written statement of one co-villager submitted to the police on the next day of occurrence, F.I.R. was drawn in which 18 persons were made accused, which clearly shows that after pre- meditation written report was submitted to the police with a cooked up story. Petitioners of Cr.Misc.No.34664 of 2009 are in custody since 4.5.2009 and petitioners of Cr.Misc.No.24764 of 2009 are in custody since 2.5.2009. Considering that the allegation against petitioners in the F.I.R. is at best being members of the mob having not caused any injury - 3 - to any of the victims, both the applications are allowed. Let petitioners of both the cases 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, Bhojpur (Arrah) in Azimabad P.S.Case No.8 of 2009 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. Pradeep/ (J. N. Singh, J.)