IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9293 of 2010 BIRA RAVIDAS @ BIRA DAS Versus STATE OF BIHAR with Cr.Misc. No.6403 of 2010 BIRJA YADAV @ BRIJA YADAV Versus STATE OF BIHAR with Cr.Misc. No.9338 of 2010 DR.SITA RAM RAJAK Versus STATE OF BIHAR ----------- 03. 17.05.2010 Heard learned counsel for the petitioners and the State. All the three bail applications arise out of same F.I.R., hence all are being taken up together. Petitioners are languishing in jail in connection with a police case registered under Sections 147, 148, 149, 307, 427, 431 of the I.P.C., 27 of the Arms Act and ¾ of the Explosive Substance Act as well as 17 of the C.L.A. Act. It is submitted by learned counsel for the petitioners that they have been roped in only because some one at the place of occurrence was asking 10 persons by name to run away from the place of occurrence. Those ten persons have been named in the F.I.R. Birja Yadav @ Brija Yadav of Cr. Misc. No. 6403 of 2010 is one of such named accused persons whereas other two petitioners’ name sprang up during confessional statement of co accused and apart from that there 2 is nothing against them. It is further submitted that one F.I.R. named accused Vijay Yadav has been granted bail in Cr. Misc. No. 2649 of 2010 on 04.02.2010. Moreover petitioners have no criminal antecedent. Learned counsel for the State after going through the case diary states that in para 101 to 110 of the case diary, it is recorded that no criminal antecedent has been found by the investigating agencies against the petitioners. Considering the aforesaid submissions of the parties, only for the purposes of bail, let the petitioners namely 1. Bira Ravidas @ Bira Das, 2. Birja Yadav @ Brija Yadav, 3. Dr. Sita Ram Rajak, be enlarged on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad in connection with Salaiya P.S. Case No. 28 of 2009. However, the petitioners will regularly appear during trial and if they fail to appear on three consecutive dates, then the prosecution will be at liberty to file an application before Trial Court for cancellation of their bail. Shageer (Dinesh Kumar Singh, J.)