IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24357 of 2009 1. RAM BRIKSH YADAV, SON OF LATE SHIV NANDAN YADAV 2. AMBIKA YADAV, SON OF HARIHAR YADAV, BOTH RESIDENTS OF VILLAGE ESLAMCHAK, P.S. KAKO, DISTRICT JEHANABAD Versus STATE OF BIHAR ----------- 2 27.08.2009 Heard learned counsel for the petitioners, learned counsel for the State and also learned counsel for the informant. The case is under Section 302 and other sections of the Indian Penal Code and section 27 of the Arms Act. As per the first information report, 21 named accused persons assembled at the house of the informant and started assaulting her husband. Thereafter the neighour of the informant, namely, Lachhiya Devi came running with pistol and handed it over to Shailesh Yadav, who fired two shots from his pistol. Thereafter one Brij Lala Yadav called the said Shailesh to kill the deceased on which Shaielsh Yadav assaulted the deceased repeatedly with Chhura. From the first information report it appears that no overt act has been alleged against the two petitioners except that, all the accused persons including petitioners had assaulted the - 2 - deceased earlier. Petitioners are in custody since 13.03.2009. Considering the above facts and circumstances of the case, the application is allowed. Petitioners, namely, Ram Briksh Yadav and Ambika Yadav, are directed to be released on bail on furnishing bail bonds of Rs.10,000/-(Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jehanabad in connection with Kako P.S. Case No.23/09. B.T (J.N. Singh, J.)