IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.18631 OF 2011 SANTOSH YADAV, SON OF LATE RAJENDRA SINGH, RESIDENT OF VILLAGE BALIYA, POLICE STATION NATWAR, DISTRICT ROHTAS VERSUS THE STATE OF BIHAR WITH CR.MISC. NO.18113 OF 2011 MUNNA RAI @ MUNNA ROY, SON OF MARCHAI ROY, RESIDENT OF VILLAGE BALIA, POLICE STATION NATWAR, DISTRICT ROHTAS VERSUS THE STATE OF BIHAR ******** FOR THE S T A T E :- MR. RAM SUMARAN RAI, A.P.P. MR. ANUJ KUMAR SHRIVASTAVA *********** 2 02/06/2011 Heard Counsel for the petitioner, the informant and the A.P.P. appearing on behalf of the State. The petitioners are accused in a case under Section 302/34 of the Indian Penal Code. In connection with the case, he has remained in custody since 24.01.2011. In the First Information Report, there is an specific allegation that Ajit Rai fired at the deceased, which resulted in his death. Learned Counsel for the petitioners referred to the order dated 27.04.2011 passed in Criminal Misc. No. 12133 of 2011 by which the similarly situated co-accused person, namely, Dhananjay Ray has been granted bail by this Court. Counsel for the informant refers to the order of 2 the Court below to submit that the Court below has referred to several paragraphs of the case diary while rejecting the prayer for bail of the petitioners. On perusal of the order, I find that the Court below has held that all the witnesses at paragraphs 34, 35, 36 and 37 have supported the case of the prosecution and stated that the petitioner along with others was present as a member of the mob during the occurrence. This aspect of the matter has been considered by this Court while granting bail to Dhananjay Ray in Criminal Misc. No. 12133 of 2011. Therefore, I see no reason to distinguish the case of these petitioners with the case of Dhananjay Ray. Accordingly, the above named two petitioners are directed to be released on bail in Natwar Police Station Case No. 08 of 2011 on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Bikramganj, Rohtas. Anand ( Sheema Ali Khan, J. )