IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6909 of 2009 1. SURESH KUMAR YADAV son of Kailash Yadav 2. Ramesh Kumar Yadav son of Ram Parikha Yadav both resident of village Barha,P.S.Dumaria,Distt.Gaya Versus STATE OF BIHAR With Cr.Misc. No.11308 of 2009 1. DILLU YADAV son of Sitaram Yadav 2. Shambhu Yadav son of Late Pairu Yadav both resident of village Tarchunga,P.S.Dumaria,Distt.Gaya Versus STATE OF BIHAR ----------- 4/ 19.8.2009 Both the above applications have been heard together and are being disposed of by this common order because they have arisen out of one occurrence. Heard learned counsel for the petitioners and the State. The petitioners seek bail in Madanpur P.S.Case No. 166 of 2008 which has been registered for offences under Sections 302,307,353,332 and 333/34 of the Indian Penal Code, 25(1-B) A, 26 and 27 of the Arms Act and 17 of C.L.A.Act. The petitioners are accused of the case in which a Constable was killed on account of firings by some persons suspected to be extremists. Some literatures, diary and a list of some persons which were suspected to be of the extremists were also recovered. These four petitioners were arrested immediately after occurrence as they were hiding themselves behind the stone. From that place, some fired cartridges were recovered. Submission is that the petitioners’ name are not mentioned in the diary which was seized by the police. The petitioners have been - 2 - remanded to the judicial custody on 21.10.2008 though they were arrested on 19.10.2008. There is no allegation that they have fired and killed the constable. The petitioners are of fair antecedent and are respectable citizen. In fact, nothing has been recovered from the petitioners and they were trying to save themselves from the firings and counter firings between the extremists and the police. In this case, a constable was killed and petitioners were arrested from the place of occurrence and several fired cartridges were found at the place of seizure. Considering all these, I am not inclined to grant bail to the petitioners. Accordingly, their prayer for bail is rejected. Md.S. (Shyam Kishore Sharma,J.)