IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23442 of 2008 DINESH YADAV SON OF YOGO YADAV RESIDENT OF VILLAGE CHANAN,P.S.SALKHUA,DISTRICT SAHARSA Versus STATE OF BIHAR ----------- 5/ 11.11.2008 Heard learned counsel for the parties. The petitioner seeks bail in a case which has been registered for offences under Sections302,452 and some other sections of the Indian Penal Code and 27 of the Arms Act on the allegation that Bipin Yadav, Ramesh Yadav,Chhabi Yadav, Mano Yadav, Yogendra Poddar, Naresh Yadav, Binda Yadav and petitioner Dinesh Yadav having formed an unlawful assembly, fired indiscriminately from their rifles causing death to informant’s uncle Rajendra Chaudhary and brother Suraj Chaudhary. About 13-14 years earlier, informant’s father was killed in that case, the brother of co-accused Ramesh Yadav and Bidan Yadav were convicted and sentenced to undergo rigorous imprisonment for life and that was the motive for commission of the offence. It appears from the records that there are two orders of this Court. One is dated 3.7.2007 passed in Cr.Misc.No.19845 of 2007 by which co-accused Naresh Poddar has been granted bail whereas vide another order dated 7.12.2007 passed in Cr.Misc.No. 49476 of 2007 the prayer for bail of co-accused Yogendra Poddar has been refused. The case of the petitioner appears to be similar to the cases of both the above accused persons and one of them has been granted bail. Considering all the facts and circumstances of the case, I am inclined to grant bail to the petitioner. Accordingly, let the 2 above named petitioner be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saharsa in Bakhtiarpur (Simri) P.S.Case No. 44 of 2006. Tahir/- ( Shyam Kishore Sharma, J.)