IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11379 of 2009 Binod Singh @ Munnu Singh S/o Baleshwar Singh, resident of Village- Basudhar , Police Station-Itarhi, District-Buxar----- Petitioner Versus STATE OF BIHAR ----------- WITH Cr.Misc. No.11480 of 2009 Pasupati Singh Son of Kashi Nath Singh, resident of Village- Basudhar, Police Station-Itarhi, District-Buxar ----- Petitioner Versus STATE OF BIHAR ----------- WITH Cr.Misc. No.11424 of 2009 Ghurahu Singh, Son of Late Parmanand Singh, resident of Village- Basudhar, Police Station-Itarhi, District-Buxar --- Petitioner Versus THE STATE OF BIHAR ----------- 2 14-05-2009 Heard Mr.Ajay Kumar Thakur, Mr.Raghunandan Kumar Singh and Mr.Binod Bihari Singh , learned counsels for the petitioners as also learned A.P.P. for the State. Cr.Misc.No.11379 of 2009 preferred by petitioner Binod Singh @ Munnu Singh, Cr.Misc.No.11480 of 2009 preferred by petitioner Pashupati Singh and Cr.Misc.No.11424 of 2009 preferred by petitioner Ghurahu Singh have been taken up together as they arise of the same Itarhi P.S. Case no.76 of 2008 registered under Sections 302 , 307 and other allied Sections of the Penal Code as also under Section 27 of the Arms Act and having been heard together are being disposed of by this common order. So far the allegation against petitioner Pashupati Singh is concerned, he is said to have been a member of the mob armed with a licensed gun and standing outside the premises presumably keeping guard. The - 2 - allegation against petitioner Ghurahu Singh is of being the order giver, as a result whereof the overt act was committed and the allegation against petitioner Binod Singh @ Munnu Singh is that he was also a member of the mob. The specific allegation of firing the shot resulting in the death of Birendra Kamkar is attributed to accused Dubey Singh and no specific overt act has been alleged against any of these petitioners who were all alleged to be members of the mob save and except Ghurahu Singh who was the order giver. Since petitioners, Binod Singh @ Munnu Singh and Pashupati Singh, were members of the mob, they are directed to be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, , Buxar ,in connection with Itarhi P.S. Case no.76 of 2008. So far as petitioner Ghurahu Singh is concerned, he being the order giver which led to the entire commission of the occurrence and death of Birendra Kamkar ,I am, at the present moment, not inclined to enlarge him on bail. Accordingly, his prayer for bail is rejected. NKS/- (Abhijit Sinha, J.)