IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.50644 of 2008 1.BHIKHARI YADAV, son of Late Rekha Yadav 2.ASHOK KUMAR RAI @ ASHOK YADAV, son of Sri Bhikari Yadav, Both resident of Village Bela, P.S. Ara (Muffassil), Dhobhahan O.P., District Bhojpur at Ara ---Petitioners Versus STATE OF BIHAR ----------- 5. 20.5.2009 Heard the learned counsel for the petitioners and the State. The offence alleged against the petitioners, who are apprehending their arrest in connection with Ara (Muffasil) P.S. Case No.153 of 2003, is under sections 302, 120B and 34 of the Penal Code and section 27 of the Arms Act. It is submitted on behalf of the petitioners that the specific allegation of firing is against co-accused Santosh Yadav and as such the police submitted final form against these petitioners. However, the learned Magistrate differed and took cognizance against these petitioners. The learned counsel appearing for the informant is not in a position to refute the submission that the specific allegation of firing is against co-accused Santosh Yadav. Considering the facts and circumstances of the case, let petitioners no.1 and 2 above named, in the event of their arrest or surrender in connection with Ara (Muffassil) P.S. Case No.153 of 2003 (G.R. No.2084 of 2003), within a period of four weeks from today, be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the 2 satisfaction of the Chief Judicial Magistrate, Ara, in connection with the aforesaid case, on the conditions mentioned in sub-section (2) of section 438 of the Code of Criminal Procedure. PNM (Shailesh Kumar Sinha, J.)