IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11894 of 2010 1.SAROJ YADAV, Son of Chandradeo Yadav 2.SUBHAS YADAV @ SUBHAS KUMAR YADAV, Son of Gorakh Yadav 3.ASHOK YADAV @ ASHOK THAKUR, Son of Chandra Deo Yadav 4.SANJAY THAKUR, Son of Awadh Thakur 5.MANNU THAKUR, Son of Awadh Thakur 6.NANHKU THAKUR @ NANKU THAKUR, Son of Late Satyanarayan Thakur 7.AWADHESH THAKUR, Son of Late Satyanarayan Thakur 8.ABHAY THAKUR @ AJAY THAKUR @ AHAY THAKUR, Son of Awadh Thakur 9.UMESH THAKUR, Son of Baijnath Thakur All Resident of Village Chakki Jaipal Thakur Ke Dera, P.S. Brahmpur, District Buxar. …………..Petitioners Versus THE STATE OF BIHAR ……….Opposite Party ----------- 04/- 27-10-2010 Heard learned counsel for the nine petitioners and Additional Public Prosecutor for the State. Petitioners are named accused in this case besides several others carry allegation of arriving at the place of informant to obstruct some work being done by him. On refusal at the dictates of petitioner no. 7 informant was surrounded and assaulted by slaps and fists, when he, his father and other family members tried to escape, father of the petitioner was shot dead by two non-petitioners followed by indiscriminating firing by others causing injuries upon other family members. Only petitioner no. 7 was without any arm but petitioner nos. 3 and 6 were armed with bhala and lathi respectively. There is no specific allegation of assault by such weapons. Considering the facts and circumstances of the case, in the 2 event of their arrest/surrender before the court below within four weeks of receipt of the copy of this order, petitioner nos. 7, 6 & 3, namely, Awadhesh Thakur, Nanhku Thakur @ Nanku Thakur and Ashok Yadav @ Ashok Thakur, are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Buxar in connection with Brahmpur (Chakki) P.S. Case No. 339 of 2009, subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to remain physically present before the court below on each and every date at least for two years or till disposal of the case whichever is earlier, in case of failure on two consecutive dates, the liberty shall be deemed to be cancelled. Since rests of the petitioners indulged in occurrence were armed with gun and pistol they do not deserve privilege, accordingly their prayer is hereby rejected. Praveen (Akhilesh Chandra, J.)