IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7282 of 2009 MITHILESH SINGH @ MITHILESH PD.SINGH, SON OF LATE MARUWAN SINGH, RESIDENT OF VILLAGE – VAISHALI, P.S. VAISHALI, DISTT. VAISHALI ------ PETITIONER. Versus STATE OF BIHAR ---- OPPOSSITE PARTY. With Cr.Misc. No.11215 of 2009 AVINASH SINGH @ AVINASH KUMAR SON OF SRI NARAYAN PD. SINGH, RESIDENT OF VILLAGE – VAISHALI NAYATOLA, P.S. VAISHALI, DISTT. VAISHALI. - ----- PETITIONER Versus THE STATE OF BIHAR ----- OPPOSITE PARTY ------- For the petitioners : Mr. Arvind Kumar Singh, Advocate in Cr. Misc. No. 7282 of 2009 Mr. Ajay Kumar Thakur, Advocate in Cr. Misc. No. 11215 of 2009 For the State : Mr. C. Jawahar, A.P.P. 2, 6/5/2009 Heard. Since both the applications arise out of the same case, they have been heard together and are being disposed of by this common order. Petitioners of both the cases have been made accused in connection with Vaishali P.S. Case No. 161 of 1999 for the offence punishable under Section 302/34 of the Indian Penal Code. Allegation as per the First Information Report is that Avinash Singh (Petitioner in Misc. Case No. 11251 of 2009) armed with pistol, threatened the informant and in the meantime, Mithilesh Singh @ Mithilesh Pd. Singh (Petitioner in Cr. Misc. Case No. 7282 of 2009) gave order and upon that, other co-accused persons strangulated the uncle of the - 2 - informant namely Mohan Ram causing his death. Learned counsel for the petitioners submits that other co-accused persons namely Abodh Singh and Dablu Singh @ Rakesh Kumar have been granted bail by a Bench of this Court vide Annexures 3 and 4 to the Cr. Misc. No. 11215 of 2009. Further submission is that Mithilesh Singh was the order giver whereas case of Avinash Singh is on similar footing to that of Dablu Singh and Abodh Singh. Avinash Singh is stated to be in jail custody since 14.11.2008 whereas Mithilesh Singh is in jail custody since 21.11.2008. In the facts and circumstances of the case, petitioner Mithilesh Singh @ Mithilesh Prasad Singh in Cr. Misc. No. 7282 of 2009 and Avinash Singh @ Avinash Kumar in Cr. Misc. No. 11215 of 2009 are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in connection with Vaishali P.S. Case No. 161 of 1999. S. Ali (Dr. Ravi Ranjan, J.)