IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41068 of 2009 1. PURAN SANGAHI @ PURO SANGAHI s/o Late Kartik Sangahi. 2. Santosh Kumar Sangahi @ Santosh Sangahi, s/o Puran Sangahi. Both resident of village Amarpur P. S. Bihpur, District Bhagalpur… Petitioners. Versus STATE OF BIHAR . with Cr.Misc. No.41393 of 2009 1. LILADHAR CHOUDHARY son of late Rajendra @ Buchai Choudhary. 2. Santosh Choudhary, s/o Liladhar Choudhary, Both resident of village Gouripur, P. S. Bihpur, District Bhagalpur. … petitioners. Versus STATE OF BIHAR . ----------- 2. 30.11.2009. Heard counsel for the petitioners in both the cases. In first case, the petitioners are Puran Sangahi @ Puro Sangahi and his son Santosh Kumar Sangahi @ Santosh Sangahi and in the second case, petitioners are Liladhar Choudhary and his son Santosh Chaudhary. All of them face prosecution for offence under Section 302 and other allied sections of Indian Penal Code. Counsel for the petitioners in both the cases would submit that so far three petitioners baring Santosh Choudhary there is no allegation of any specific 2 overtact against them save and except being member of an unlawful assembly in which the petitioner Liladhar Choudhary was assigned role of the order giver. In this context, counsel for the petitioner would submit that Liladhar Choudhary had previous enmity for certain piece of land as is admitted in the First Information Report itself and therefore all the petitioners have been falsely implicated in this case. Considering the nature of the allegation and surrounding circumstance, this court would direct for release of the petitioners namely Puran Sangahi @ Puro Sangahi, Santosh Kumar Sangahi @ Santosh Sangahi and Liladhar Choudhary on bail on their furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Naugachia Dist. Bhagalpur in Bihpur P. S. Case No. 210 of 2009, subject to a condition that one of the bailors must be 3 a close family member of the petitioners. The prayer for bail of Petitioner, Santosh Choudhary for the present is rejected and he may renew his prayer for bail after completing further one year of his judicial custody. kanchan (Mihir Kumar Jha, J.)