IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36635 of 2008 1. Ragav Rai @ Ragho Rai 2. Uma Kant Rai 3. Shankar Rai Versus 1. State Of Bihar WITH Cr.Misc. No.35482 of 2008 1. Mahanth Rai @ Ghoghar Rai Versus 1. State Of Bihar ----------- For the Petitioners: Mr.Uma Kant Shukla and Mr. Rajesh Ranjan No.1,Advocates. For the State: Mr. Upendra Kumar,APP. 03 19.12.2008 Since both the above applications arise from one and the same P.S., they have been heard together and are being disposed of by this common order. Four petitioners have approached this court for grant of bail in a case instituted under Sections 147,148,149,307 and 302 of the Penal Code and Section 27 of the Arms Act. As per the First Information Report co-accused Manoj Rai is said to have fired from his rifle which hit the deceased Sarad Rai. As about the injuries sustained by Nand Kishore Rai is concerned the allegation is attributed against one Keshav Rai. So far the petitioners and others who constituted the mob are concerned, there is omnibus allegation that they too had fired. Learned counsel for the petitioners submits that in 2 view of the aforesaid fact petitioners are not the assailant. It is further highlighted that the deceased received only one bullet injury, where as the injuries sustained by Nand Kishore Rai have been found to be simple in nature. It has further been submitted that petitioners of Cr. Misc. No.36635 of 2008 are in custody since 15.05.2008 and petitioner of Cr. Misc. No.35482 of 2008 is in custody since 05.05.2008. Having regard to the fact that petitioners are not the assailant, this court is persuaded to admit the petitioners to bail. Let the petitioners, namely Ragav Rai @ Ragho Rai, Uma Kant Rai and Shankar Rai (Cr. Misc. No. 36635 of 2008) and Mahanth Rai @ Ghoghar Rai (Cr. Misc. No.35482 of 2008), 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, Motihari in connection with Turkaulia (Banjaria) P.S. Case No. 70 of 2008, subject to the condition that one of the bailors in each case should be the own/close family member of the petitioners. Sym ( Kishore K. Mandal, J.)