IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12538 of 2009 SUBHASH CHAUDHARI S/O-Sheo Choudhari, R/O-Vill-Babhani (Tiura), P.S.-Chutiya (Nauhatta), Distt.-Rohtas at Sasaram. ………………………………………Petitioner. Versus THE STATE OF BIHAR …………………………………………..Opposite Party. WITH Cr.Misc. No.13349 of 2009 SUSHIL MALLAH @ NANDU CHOUDHARY S/O-Rogi Mallah, R/O-Vill-Telari, P.S.-Chenari, Distt.-Rohtas. ………………………………………Petitioner. Versus THE STATE OF BIHAR …………………………………………..Opposite Party. ----------- 4/ 29.07.2009 Since both the above bail applications have arisen out of one occurrence which has led to registration of a case under Section 307 and some other Sections of the Indian Penal Code, Section 25(1-b)a/26/27 of the Arms Act and Section 17 of the C.L.A. Act, they have been heard together and are being disposed of by this common order. Nobody is named as accused in the case which has been registered against 30-35 unknown extremists and one dead extremist. Submission is that the petitioners’ implication is only on the basis of some conjectures. Nobody has received any injury on the side of prosecution rather a person was killed 2 which was identified as extremist. The petitioner Subhash Chaudhari is in custody since 04.01.2009 whereas petitioner Sushil Mallah @ Nandu Choudhary is in custody since 08.10.2002. A number of other accused persons whose details has been given in Paragraph-9 of the petitioner have been granted bail by different orders of this Court. Considering the facts and circumstances of the case, the above named petitioners are directed to 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 the learned F.T.C. No.-III/Additional Sessions Judge, Fast Track Court No.- IVth,/concerned court Rohtas, Sasaram in connection with Sessions Trial No.- 16 of 2009/Sessions Trial No.- 549 of 2004 arising out of Nauhatta (Chutiya) P.S. Case No.- 34 of 2001. kksinha/ (Shyam Kishore Sharma, J.)