IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10533 of 2010 1. TARKESHWAR THAKUR 2. Awadh Thakur @ Awadh Bihari Thakur Both son of Late Satyanarayan Thakur 3. Miritunjaya Thakur, son of Nanhku Thakur All residents of village Chakki Jaipal Thakur Ke Dera, P.S. Brahmpur, District Buxar ………….. Petitioners Versus STATE OF BIHAR ……… Opposite Party ----------- For the petitioner : Mr. Yogesh Chandra Verma, Sr. Advocate For the State : Mr. Uma Shankar Pd. Singh, A.P.P. For the Informant : Mr. Binod Kr. Singh, Advocate ------- 2 05.04.2010 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the Informant. The petitioners seek bail in a case registered under Sections 147, 148, 149, 302, 307 of the Indian Penal Code and Section 27 of the Arms Act It is submitted on behalf of the petitioners that there is specific allegation against Bimlesh Thakur and Sunil Yadav of resorting to firing upon the father of the informant, namely, Rudal Yadav due to which he succumbed to death. So far the other accused persons are concerned the allegation is general and omnibus. However, it is stated that there is no specific allegation against all these three 2 petitioners of any overt act resulting in injury to any one. It is further submitted that there is a land dispute between the parties. Learned counsel for the informant submits that all of them had assembled and fired. However, it is accepted by him that so far the assault upon the deceased father of the informant is concerned, the specific allegation is against aforesaid two co- accused persons viz. Bimlesh Thakur and Sunil Yadav. Learned counsel submits that Awadh Thakur is having criminal antecedent and he is also involved in another case of 302 I.P.C. In the facts and the circumstances of the case, the petitioners abovenamed, are directed to be released on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar in connection with Brahmpur P.S. Case No. 339 of 2009. The petitioner shall remain present on each and every date during the course of trial. If the petitioner fails to remain present on two consecutive dates without 3 any reasonable explanation then the court concerned would be at liberty to take steps for cancellation of bail bonds of the petitioner. Spd/- (Dr. Ravi Ranjan, J.)