IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11588 of 2010 1. DAROGA RAI, SON OF GUNI RAI. 2. ASHOK YADAV @ ASHOK RAI, SON OF BABU LAL RAI. 3. ARJUN RAI, SON OF BHAGHWAT RAI. 4. SHIV NATH RAI, SON OF BILTU RAI. 5. PRABHU RAI, SON OF PUNDEV RAI. ALL RESIDENT OF VILLAGE-BHERIYAHI, POLICE STATION-CHIRAIYA, DISTRICT-EAST CHAMPARAN. ……………………………………………….PETITIONERS. Versus THE STATE OF BIHAR……………OPPOSITE PARTY. ------------ For the Petitioners : M/s. Shakeet Ahmad Khan, Sr. Advocate and Md. Sharfuddin, Advocate. For the State : Mr. R.P.S. Singh, A.P.P. ----------- 2. 30.4.2010. Heard learned counsel for the petitioners and the learned A.P.P. for the State. The petitioners seek bail in a case registered under Sections 147, 148, 149, 447, 324, 326 and 307 of the Indian Penal Code besides Section 27 of the Arms Act. It has been submitted on behalf of the petitioners that from perusal of the First Information Report, it would be manifest that allegation of firing at Chandan Kumar, is specific upon the co-accused, Laxmi Narayan Prasad Yadav. - 2 - However, the petitioners are not named in the First Information Report and later on they have been made accused as members of the unlawful assembly. It has also been submitted that almost all the named accused persons except the aforesaid Laxmi Narayan Prasad Yadav (who is the main assailant) as well as other non F.I.R. named accused have already been granted bail. Learned counsel submits that at best the petitioners could be said to be the members of the unlawful assembly. Learned A.P.P. for the State submitted that the allegation against the petitioners is that they were accompanying the assailant, Laxmi Narayan Prasad Yadav. Having regard to the facts and the circumstances of the case, the petitioners, namely, (1) Daroga Rai, (2) Ashok Yadav @ Ashok Rai, (3) Arjun Rai, (4) Shiv Nath Rai and (5) Prabhu Rai, are directed to be released on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the S.D.J.M., Sikrahana at Motihari, East Champaran, in connection with Chiraiya P.S. Case No.127 of 2009, with a further condition that the petitioners shall - 3 - remain present on each and every date during the course of the trial in the court below. If the petitioners fail to remain present on two consecutive dates during the course of the trial without any reasonable cause being shown, the court concerned would be at liberty to take steps for cancellation of their bail bonds. P.S. (Dr. Ravi Ranjan,J)