IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8884 of 2011 RAKESH MANDAL, Son of Sri Naresh Mandal Versus THE STATE OF BIHAR . with Cr.Misc. No.9920 of 2011 1. DEEPAK MANDAL ,Son of Arjun Mandal. 2.Amit Kumar Mandal @ Amit Mandal, Son of Parmeshwar Mandal. Versus THE STATE OF BIHAR . For Petitioner: Basank Kumar Singh. Rakesh Kumar Sinha, Advocate. For State: Ramchandra Singh,A.P.P. ----------- 3. 24.05.2011 Heard learned counsel for the petitioners and learned counsel for the State. Both matters arise out of Lodipur P.S.case No. 30/10 instituted under sections 302/34 of the Indian Penal Code and as such have been clubbed together. As per the allegation in the F.I.R., 400 to 500 persons of the adjoining villages were seen by the Chaukidar chasing a man calling him as ‘Muri Katwa’. A group of 400 to 500 people, as per allegation in the F.I.R., over powered the victim and assaulted him to death. Four days after the said occurrence, 10 persons including the petitioner herein have been specifically named by the Chaukidar (informant) as members of the mob. It is submitted on behalf of the petitioners that except the aforesaid statement of the Chaukidar as also 2 another Chaukidar of the village recorded at subsequent stage of investigation, there is no material to show that they assaulted the victim alongwith others. In both the cases, in the event of arrest or surrender within four weeks, petitioners above-named shall be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten thousand)each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Lodipur P.S. Case No. 30/2010 subject to the condition as laid down under section 438(2) of Cr.P.C. with further condition that in each case one of the bailers shall be own close family member of the petitioners. Nitesh ( Kishore K. Mandal, J.)