IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10699 of 2009 BIGAN MANJHI @ BIGAN BHUINYA, Son of Sahbir Manjhi, Resident of Village-Magrawan tola, Tandpar, P.S. Wazirganj, Distt. Gaya. Versus STATE OF BIHAR With Cr.Misc. No. 11642 of 2009 Ashok Yadav Son of Late Dasain Yadav, resident of Village-Kanaudi, P.S. Wazirganj, District-Gaya. Versus State of Bihar ----------- 3 31/8/2009 Heard the parties. Both the petitioners are facing prosecution for the offences under sections 302 of the Indian Penal Code, Section 17 of the Criminal Law Amendment Act and ¾ of the Explosive Substance Act. Both the petitioners are in custody since 25.9.2008. This Court, having taken into nature of allegation of killing two persons by mob of more than 100 people, normally would have been inclined to grant bail to both the petitioners, but then keeping in view that petitioner Bigan Manjhi @ Bigan Bhuinya has criminal antecedent of being involved in series of offences, prayer for bail of petitioner Bigan Manjhi @ Bigan Bhuinya is rejected. Sofar, petitioner Ashok Yadav is concerned, considering that he has got no criminal antecedent and therefore his case stands on similar footing as that of accused Bijoy Yadav who has been granted bail on 24.11.2008 in Cr. Misc. No. 44258 of 2008, this court is inclined to grant bail to him. That being so, Ashok Yadav (petitioner in Cr. Misc. 2 No. 11642 of 2009) is directed to be released on bail on furnishing bail bond of Rs. 10,000/- ( Ten thousand ) with two sureties of the like amount each to the satisfaction of Sri J.S. Shrivastav, J.M. Ist Class, Gaya in Wazirganj P.S. Case No. 169/2003. Trial of the case however must be expedited. Abhay Kumar (Mihir Kumar Jha, J.)