IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25754 of 2010 HARI LAL YADAV son of Late Jamuna Yadav, Resident of village-Phulwaria, P.S.-Balia, Dist.-Begusarai Versus STATE OF BIHAR . with Cr.Misc. No.27356 of 2010 SHAMBHU YADAV son of Kalo Yadav, Resident of village-Bari Ballia, Dist.-Begusarai Versus STATE OF BIHAR . ----------- 5. 2.2.2011. As both the aforesaid petitions arise out of one first information report, they were heard together and are being disposed of by this common order. Both the petitioners, who are in custody in connection with Ballia P.S. Case No.212 of 2009 for the offences under sections 120B and 302/34 of the Indian Penal Code and section 27 of the Arms Act, have prayed for grant of bail. It was alleged by the informant that her son had forcibly married with the daughter of Hari Lal Yadav (petitioner in Cr.Misc. No.25754 of 2010) and since thereafter Hari Lal Yadav was threatening to kill her husband as well as her son. It was alleged that on the date of occurrence the petitioner, Hari Lal Yadav, was inside the jail and from jail he hatched a conspiracy whereupon four accused persons came to the house of the informant. It was alleged against Shambhu Yadav (petitioner in Cr. Misc. No.27356 of 2010) that he identified the husband of the informant whereupon accused Chandramani Yadav son of Hari Lal Yadav (petitioner in Cr.Misc No.25754 of 2010) opened fire from the back side and her husband died. 2 Learned counsel appearing on behalf of Hari Lal Yadav (petitioner in Cr. Misc. No.25754 of 2010) submits that save and except the statement of the informant in the first information report nothing has been brought on record to connect the petitioner in hatching any conspiracy. In respect of Shambhu Yadav (petitioner in Cr.Misc. No.27356 of 2010), it was submitted that no overt act was committed by the petitioner and on similar accusation other accused persons namely, Indal Yadav, son of the Hari Lal Yadav (petitioner in Cr. Misc. No.25754 of 2010) and one Durga @ Durgesh Yadav have been granted bail on 17.5.2010 vide Cr.Misc. No.16533 of 2010 and on 27.5.2010 vide Cr. Misc. No.18794 of 2010 respectively. It was submitted that case of the petitioner, Shambhu Yadav, cannot be distinguished from the case of Indal Yadav and Durga @ Durgesh Yadav. Learned Additional Public Prosecutor appearing for the State has opposed the prayer for bail of the petitioners. Since almost on similar allegation other co-accused persons have already been extended privilege of bail , there is no reason to deny the privilege of bail to the petitioner (Shambhu Yadav). Accordingly, Shambhu Yadav (petitioner in Cr.Misc. No.27356 of 2010) is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai in connection with Ballia P.S. Case No.212 of 2009. Similarly, Hari Lal Yadav (petitioner in Cr.Misc. No.25754 of 2010) is also directed to be released on bail on 3 furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of A.D.J./F.T.C.-IV, Begusari in connection with S.T. No.564 of 2010 arising out of Ballia P.S.Case No.212 of 2009. Md.S. ( Rakesh Kumar, J.)