IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35020 of 2008 SANJEEV KUMAR YADAV @ SANJEEV KUMAR son of Raj Kumar Yadav.resident of village-Sakhwa, P.S.-Bithan, Dist.-Samastipur. Versus STATE OF BIHAR with Cr.Misc. No.37538 of 2008 RAJ KUMAR YADAV son of Damodar Yadav, resident of village-Sakhwa, P.S.- Bithan, Dist.- Samastipur Versus STATE OF BIHAR ----------- 3 15.1.2009. Both the petitions have been heard together and are being disposed of by this common order as they have arisen out of one occurrence. The petitioners apprehend their arrest in a case which has been registered under sections 147, 148, 149, 307, 302 and 396 of the Indian Penal Code and section 27 of the Arms Act. Allegation is that altogether ten named accused including the petitioners and 5-6 others came and at the behest of Raj Kumar Yadav, Anil Kumar Yadav fired causing death of the informant’s father-in-law. The accused persons took away cash and ornaments. Submission is that besides the petitioners, other eight persons are named in the first information report and out of that co- accused namely, Suresh Yadav, Brajesh Kumar Yadav and Sanjesh Kumar Yadav have been granted anticipatory bail on 19.11.2008 in Cr.Misc. No.36120 of 2008. Further submission is that the informant has named the petitioners but they are not the assailants. It is also stated that the husband of the informant himself has committed murder for getting a job from the government because the deceased - 2 - was his father who was a government employee and after death of a service holder, the dependant gets a job on compassionate ground. Further submission is that the matter was initially investigated into and no clue was found against the petitioners. The informant thereafter filed a criminal writ in which Superintendent of Police, Samastipur filed a counter affidavit stating that no evidence has been found against the petitioners and others but after filing of criminal writ on behalf of the informant, steps have been taken to arrest the petitioners and others. Considering the fact that some similarly situated co-accused have been granted bail, both the applications are allowed and petitioners of both the applications are directed to surrender before the court below within three weeks from the date of receipt/production of a copy of this order and on their so surrendering, they shall be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of A.C.J.M., Rosera, Samastipur in connection with Hasanpur (Bithan) P.S.Case No.19 of 2005 subject to the conditions as laid down under section 438(2) Cr.P.C. Md.S. (Shyam Kishore Sharma,J.)