IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6863 of 2010 GAUTAM KUMAR MISHRA, SON OF SRI RAJESHWAR MISHRA, RESIDENT OF HOUSE NO.22, ROAD NO.1B, SHIVPURI, POLICE STATION SHASTRI NAGAR, DISTRICT-PATNA………………………….PETITIONER. Versus THE STATE OF BIHAR………………OPPOSITE PARTY. --------- For the Petitioner : Mr. Bhola Prasad, Advocate. For the State : Mr. U.S.P. Singh, A.P.P. ---------- With Cr.Misc. No.11929 of 2010 VIJAY MISHRA @ VIJAY KUMAR MISHRA, SON OF SHRI RASHBINDU MISHRA, RESIDENT OF HOUSE NO.10, ROAD NO.01, SHIVPURI, P.S. SHASTRI NAGAR, DISTRICT-PATNA…………………………….PETITIONER. Versus THE STATE OF BIHAR………………OPPOSITE PARTY. -------- For the Petitioner : Mr. Prashant Sinha, Advocate. For the State : Mr. U.S.P. Singh, A.P.P. --------- 3. 23.4.2010. Both cases arise out of the same S.K. Puri Police Station Case No.196 of 2007. Thus, they have been heard together and are being disposed of by this common order. - 2 - Heard learned counsel for the petitioners and the learned A.P.P. for the State. The petitioners seek bail in a case registered under Sections 342, 323, 333, 307, 353/34 and 302 of the Indian Penal Code. It has been submitted on behalf of the petitioners that initially the present case was registered for the offences under Section 307and other allied Sections of the Indian Penal Code but after the death of the injured, Section 302 of the Indian Penal Code was added. It has also been submitted that the deceased was assaulted by a mob but only the petitioner alongwith five others had been named in the F.I.R. It is also contended that the co-accused, Raghvendra Mishra and Mithilesh Mishra alias Mithlesh Mishra, had already been granted bail vide orders as contained in Annexure-‘2’ series. Having regard to the facts and the circumstances of the case, the petitioners, namely, Gautam Kumar Mishra (in Criminal Misc. No.6863 of 2010) and Vijay Mishra @ Vijay Kumar Mishra (in Criminal Misc. No.11929 of 2010), are directed to be released on bail on their furnishing bail - 3 - bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Patna, in connection with S.K. Puri Police Station Case No.196 of 2007, with a further condition that one of the bailors in case of each of the petitioners must be the close relative or their family member, who will file affidavit before the court below giving full genealogy showing his or her relationship with the petitioners. P.S. (Dr. Ravi Ranjan,J)