IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28961 of 2009 1.MAHENDRA PODDAR SON OF LATE DHANESHWAR PODDAR 2.CHANDAN PODDAR SON OF MAHENDRA PODDAR 3.KUNDAN PODDAR SON OF MAHENDRA PODDAR RESIDENT OF MOHALLA- MUNGERIGANJ, P.S. TOWN DISTRICT- BEGUSARAI. Versus STATE OF BIHAR ----------- 3 03.11.2009 Heard learned counsels for the petitioners, informant and the State. The offence alleged is under sections 302, 120B/34 of the Indian Penal Code and section 27 of the Arms Act. It is submitted on behalf of the petitioners that there is no specific allegation against these petitioners save and except that these petitioners were alleged to have come along with two unknown persons and thereupon on the orders of the co-accused Rajendra Poddar, two unknown persons fired killing both the sons of the informant. It is further submitted that the admitted position is that there is serious land dispute between the informant and the said Rajendra Poddar for the last about twenty five years. The petitioners are in custody in absence of any specific overt act alleged against them. Learned counsel for the informant submits that the petitioners are just next door neighbour and in case they are released on bail they may threaten the informant’s family. Learned counsel for the petitioner submits that the co-accused persons having similar allegations have been allowed bail by this Court as per the order dated 15.09.2009 passed in Cr. Misc. No. 33935 of 2009. Learned counsel has produced the certified copy of the said order, which is kept on record. Learned Addl. P.P. appearing for the State opposes the prayer for bail, however, he is not in position to refute the above submissions. Considering the facts and circumstances of the case, it is directed that let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai, in connection with Begusarai Town P.S. Case No. 212 of 2009. Manish/- ( Shailesh Kumar Sinha,J.)