IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15129 of 2009 1. UPENDRA MISHRA SON OF PATI MISHRA @ SHIRYAT MISHRA 2. ASHOK MALI SON OF SANT BILASH MALI 3. RAMAKANT MALI SON OF SANT BILASH MALI 4. JHABBOO MISHRA SON OF JAG NARAYAN MISHRA ALL ARE RESIDENT OF VILLAGE – KARAHANSI, POLIE STATION BUXAR (MUFFASIL), DISTRICT – BUXAR. --------- PETITIONERS. Versus STATE OF BIHAR -------OPPOSITE PARTY. ----------- For the petitioners : Mr. Ram Suresh Roy, Senior. Advocate. For the State : Mr. R.C. Lal Das, A.P.P. --------- 2. 1/5/2009 Heard. Petitioners are facing prosecution under Sections 147, 148, 149, 307, 302 of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel for the petitioners submits that there is specific allegation against three persons in the First Information Report in following manner. 1. One Dharm Kumar Singh @ Munna Singh Mukhia was the order giver. 2. It is specifically stated that Dig Vijay Singh @ Jhanman Singh fired from rifle injuring the father of the informant causing his death. 3. There is allegation against Manoranjan Singh @ Tanman Singh of firing which caused injury to one Devendra Sah It is urged that upon others there is omnibus allegation of firing. Learned counsel for the petitioners has - 2 - produced certified copy of the order dated 17.4.2009 passed in Cr. Misc. No. 11397 of 2009 whereby a Bench of this Court has granted anticipatory bail to another accused namely Aswani Kumar Singh who according to him, is on similar footing to that of petitioner. It is also contended that another accused person namely Dharm Kumar Singh @ Munna Singh has also been granted bail by a Bench of this Court on 29.4.2009 in Cr. Misc. No. 8351 of 2009. The petitioners are in jail custody since December, 2008. Learned counsel for the State submits that there is allegation of firing against many persons including the petitioners. However, the specific allegations are against Dig Vijay Singh @ Jhanman Singh, Tanman Singh and Dharm Kumar Singh @ Munna Singh. In view of the aforesaid submissions and in the facts and circumstances of the case, petitioners namely, Upendra Mishra, Ashok Mali, Ramakant Mali and Jhabboo Mishra 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, Buxar, in connection with Buxar Muffasil P.S. Case No. 177 of 2008. S. Ali (Dr. Ravi Ranjan, J.)