IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34323 of 2009 1. ARUN KUMAR, S/o Chandrika Rai, 2. Shashi Kumar Rai @ Shashi Prasad Yadav, S/o Late Janki Rai, 3. Ajay Kumar @ Ajay Kumar Yadav, S/o Ramswarth Rai, and 4. Ratneshwar Prasad Yadav, S/o Binda Rai, all are R/o Village – Gurdha Bahram, P.S. Paroo, Distt. Muzaffarpur ……. Petitioners Versus THE STATE OF BIHAR ……………………… Opposite Party. ----------- For the Petitioners:- Mr. K.N. Choubey, Sr. Advocate with Mr. Arun, Mr. Sanjay Kumar @ S.K., and Mr. Partibha Srivastava, Advocates. For the State:- Mr. R.P.S. Singh, A.P.P. ----------- 3. 14.10.2009. Heard learned counsel for the petitioners and learned A.P.P. for the State. The petitioners have been made accused in a case registered under Sections 147, 148, 149, 341, 323, 342, 324, 307, 427, 302/504 of the Indian Penal Code and 27 of the Arms Act. It is submitted on behalf of the petitioners that it is manifest from the first information report itself that the allegation of firing and killing the deceased is upon one co- accused Anil Kumar Rai. However, these petitioners and others have also been alleged to have surrounded the deceased brother of the informant and assaulted him. It is submitted that initially while other accused persons were charge-sheeted, these petitioners were not, and investigation was pending with regard to them. Subsequently, a charge 2 sheet was also submitted against these petitioners showing them absconder. Thereafter, they had surrendered on 17.07.2009 and 24.07.2009. Petitioner No. 4 is stated to be a teacher in a school and was regularly attending the school all along and it has also been stated that he had participated in the process of conducting the last Parliamentary Election held in the year 2009. Further submission is that several other co-accused persons, namely, Dhananjai Kumar @ Dhananjay Kumar, Dhirendra Kumar @ Dhirendra Rai, Raghubir Rai, Bishwanath Rai and one Anil Kumar Rai, against whom there has been allegation of firing and killing the brother of the informant, have been granted bail by this Court vide orders dated 21.4.2003 and 1.4.2004 passed in Cr. Misc. No. 8682/2003 and Cr. Misc. No. 8986/2004 respectively. Learned counsel for the petitioners produced certified copies of the aforesaid orders dated 21.4.2003 and 1.4.2004 at the time of hearing of this case, which are being kept on record. Records of other connected cases (Cr. Misc. No. 4650/2004 and Cr. Misc. no. 168/2007) were called for and it appears that Bajrangi Singh, Rajiv Ranjan Singh @ Tutu Singh, and Gajendra Rai have also been granted bail by this 3 Court. It is submitted on behalf of the petitioners that all other accused persons except these four petitioners have been admitted on bail. It is submitted on behalf of the State that the allegation of assaulting the deceased causing him to fall down from the motorcycle is against these petitioners and others and they were also armed with Farsa and Lathi. However, there is no dispute with regard to the fact that Anil Kumar Rai, against whom there is direct allegation of firing and killing the deceased, has been admitted on bail by a Bench of this Court Having regard to the facts and circumstances of the case, I direct the petitioners, namely, Arun Kumar, Shashi Kumar Rai @ Shashi Prasad Yadav, Ajay Kumar @ Ajay Kumar Yadav and Ratneshwar Prasad Yadav to be released on bail on their furnishing bonds in the sums of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Sri A.K. Singh, Judicial Magistrate 1st Class, Muzaffarpur in connection with Paroo P.S. Case No. 214/02. dk ( Dr. Ravi Ranjan, J. )