IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40012 of 2008 1.RAMNANDAN MAHTO SON OF JADO MAHTO 2.JANARDAN MAHTO SON OF RAMNANDAN MAHTO 3.SUBODH MAHTO SON OF DEVENDRA MAHTO ALL RESIDENT OF VILLAGE PIRNAGAR,P.S.NAW KOTHI,DISTRICT BEGUSARAI Versus STATE OF BIHAR With Cr.Misc. No.41378 of 2008 PANKAJ KUMAR SON OF JAYANTI MAHTO RESIDENT OF VILLAGE GANAHARIYA,P.S. NAWKOTHI,DISTRICT BEGUSARAI Versus STATE OF BIHAR ----------- 3/ 5.12.2008 Since both the above applications arise out of one and the same police case, they have been heard together and are being disposed of by this common order. The petitioners seek bail in a case which has been registered for offences under Sections 364,302 and some other Sections of the Indian Penal Code and 27 of the Arms Act in which allegation is that two sons of the informant namely, Suresh Mahto and Ram Prakash Mahto, were taken away by a mob consisting of these petitioners and other named accused namely, Ramesher Mahto, Bipin Mahto, Pawan Mahto, Arun Mahto, Ashok Mahto, Raja Ram Mahto, Dinesh Mahto, Pawan Mahto son of Jayanti Mahto, Hare Ram Mahto, Baban Mahto, Sajjan Mahto and two unknown persons and later on dead bodies of both the sons of the informant were found. The land dispute and the criminal cases pending between the parties are the motive of the occurrence. Submission is that in course of investigation, the Dy.S.P. and the Superintendent of Polcie found false implication of the petitioners and they came to the conclusion that the extremists have killed the informant’s sons. Further submission is that 2 other co-accused have been granted bail by different orders of this Court. Learned counsel for the petitioners has placed reliance upon the orders passed in Cr.Misc.Nos. 2918 of 2008 and 28673 of 2008 in which Raja Ram Mahto and Pawan Mahto respectively have been granted bail by different orders. The prayer for bail of the petitioners has been opposed by the learned counsel appearing for the informant who has submitted that now charges have been framed and two prosecution witnesses have been examined. Since other co-accused having similar allegation have been granted bail by different orders of this Court, I am also inclined to grant bail to the petitioners. Accordingly, let the above named four petitioners of both the applications 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 Chief Judicial Magistrate, Begusarai in Nowkothi P.S.Case No. 65 of 2007. Tahir/- ( Shyam Kishore Sharma, J.)