IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34569 of 2010 1. MANTU YADAV @ MANTU KUMAR son of Mohar Yadav @ Bhikhari Yadav, resident of village- Sarebagh, P.S.Sono District-Jammui 2. Prem Kumar Bhuian @ Mangal son of Late Kaila Bhuian resident of village-Bansi, P.S. Partappur, District-Chatra (Jharkhand) Versus STATE OF BIHAR ----------- 3 08.10.2010 Heard learned counsel appearing on behalf of the petitioners and the learned counsel appearing on behalf of the State. Petitioners are in custody in connection with Surajgarha (Kajra) P.S. Case No.58 of 2007 (S.T.No.595 of 2009) for the offence punishable under Sections 302, 379 and 304 of the Indian Penal Code and 27 of the Arms Act and 3/4 of Explosive Substance Act and section 17 of the C.L.A. Substance of allegation as set out in the F.I.R. is that in the night of 26/27.2.2007 a large number of terrorists attacked the police picket with fire arms etc. and as a result four police personnels were left in dead conditions and several injured. The terrorists also looted the firearms. The F.I.R. was instituted against 500 to 600 unknown terrorists. The name of the petitioner has transpired during the course of investigation on the basis of a statement made by a co-accused - 2 - Pankaj Ram. Learned counsel for the petitioner submits that the said Pankaj Ram has since been granted bail by a Bench of this Court in Cr.Misc. No. 20420 of 2008 vide order passed on 19.9.2008 (Annexure-2) and that some similarly situated accused persons who also had been named by the said Pankaj Ram have been granted bail in Cr.Misc. No. 8095 of 2009 and Cr.Misc.No.6666 of 2009 vide order passed on 30.7.2009 (Annexure-2/1). Learned counsel submits that the case of the petitioner stands on same or similar footing. Taking into consideration the circumstances and considering the submissions of the learned counsel, let the petitioners namely, Mantu Yadav @ Mantu Kumar and Prem Kumar Bhuian @ Mangal be released on bail upon each of them individually furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional District Judge, F.T.C.Vth, Lakhisarai in connection with Surajgarha (Kajra) P.S. Case No.58 of 2007 (S.T.No.595 of 2009). Bibhash (Jyoti Saran, J.)