IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.50028 of 2008 1. Murli Mohan Singh, son of Late Devendra Singh, Resident of Village- Chandpur, P.S.Kadwa, District- Katihar, & 2. Shankar Singh, son of Dayanand Singh, Resident of Village-Karhgola Bazar, (Guru Bazar), P.S.-Barari, District-Katihar. . . . . Petitioners. Versus THE STATE OF BIHAR WITH Cr.Misc. No.52291 of 2008 Mahesh Singh, S/o Late Satishlal Singh, R/O Village- Chandpur, P.S.- Kadwa, Distt.-Katihar. . . . Petitioner. Versus THE STATE OF BIHAR ----------- 3/ 25.03.2009 Since both the applications have arisen out of one and the same police case, they have been heard together and are being disposed of by the common order. The petitioners seek bail in a case which has been registered for the offences under Section 302 / 34 of the Indian Penal Code and Section 27 of the Arms Act. Informant’s son-in-law Ganga Prasad Singh was called from his house by petitioner Mahesh Singh and immediately the informant heard sound of two shots, upon which informant went there and noticed the petitioner Mahesh Singh and Awadhesh Prasad Singh escaping with country made gun and sought that they finished the above Ganga Prasad Singh. Other petitioners Murli Mohan Singh and Shankar Singh were also seen escaping. Submission on behalf of the petitioners Murli Mohan Singh and Shankar Singh is that they were not armed with according to the allegation and other similarly situated accused Yashwant Singh, - 2 - Awadhesh Sah and Lalit Singh have already been granted anticipatory bail by different orders of this Court. So far as the case of these two accused persons Murli Mohan Singh and Shankar Singh are concerned their cases are identical to those persons, who have been granted anticipatory bail. So far as the case of Mahesh Singh is concerned, he has been seen escaping immediately after sound of firing with country made gun along with Awadhesh Singh from the place of occurrence soughting that the work has been finished. Considering the allegation, the prayer for bail of petitioner Mahesh Singh (in Cr. Misc. no.52291 of 2008) is rejected. Considering the facts and circumstances of the case, petitioners, namely Murli Mohan Singh and Shankar Singh (in Cr. Misc. No. 50028 of 2008) are directed to 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 Chief Judicial Magistrate, Katihar in connection with Kadwa P.S. case no. 182 of 2008. Uday/ (Shyam Kishore Sharma, J.)