IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40203 of 2009 1. SANJAY HEMBRAM son of Late Jetha Hembram, resident of village Dubatiya, P. S. Barhat, District Jamui. 2. Pappu Marandi, son of late Loba Marandi, resident of village- Tharhi, P. S. Laxmipur, District Jamui… Petitioiners. Versus STATE OF BIHAR . ----------- 3. 08.12.2009. Heard counsel for the petitioners and counsel for the State. The petitioners who are facing prosecution for offence under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act, even though not named in the first information report, have ultimately been named by two witnesses who in their statement before the police or under Section 164 have gone to suggest that while three gun shot injuries were caused by one Ramesh Hembrum, these two petitioners were also present there. Mr. Shivesh Mishra, learned counsel for the petitioners, however has tried to make out a case that there has been no specific overtact alleged against the petitioners but even otherwise, the only person who is stated to have suggested that these two petitioners had caught hold of the 2 deceased while Ramesh Hembrum had opened firing, though FIR witness, was examined after more than a month under Section 164 and as such at least their statement would not inspire confidence. Considering the aforementioned aspects and particularly that the petitioners are only in company of main assailant and have been ascribed no specific overtact and that they had no criminal antecedent till their implication in the present case and finally the allegation of fatal assault is against Ramesh Hembrum, this court is inclined to grant bail to the petitioners. That being so, the petitioners namely Sanjay Hembram and Pappu Marandi are directed to be released on bail on their furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jamui in connection with Barhat P. S. Case No. 44 of 2009, subject to a condition that one of the bailors must be a close family members of the petitioners. It goes without saying that if the petitioners absent themselves on two 3 consecutive dates in course of trial, their present bail being granted under the present order shall stand cancelled. kanchan (Mihir Kumar Jha, J.)