IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44442 of 2008 SAHEB CHOUDHARY S/O LATE GAYA CHOUDHARY, R/O VILLAGE- BALIYA,P.S. MAHARAJGANJ, DISTRICT- SIWAN Versus STATE OF BIHAR with Cr.Misc. No.47098 of 2008 HARI SHANKAR PRASAD S/O RAGUNATH PRASAD, R/O VILLAGE- BALIA, P.S.- MAHARAJGANJ, DISRTRICT- SIWAN Versus STATE OF BIHAR ----------- 2 02/12/2008 Above noted applications arise out of one occurrence i.e. Maharajganj P.S. Case No. 46 of 2008 have been heard together and are being disposed of by this common order. The petitioners seek bail in a case which has been registered under section 302 and some other sections of the Indian Penal Code and sections 3(i) (x) of the SC/ST Prevention of Atrocities Act. Allegation is that 12 named accused persons and 8-9 unknown came and dragged away Mahanth Nut and Butan Nut because they were suspecting that they have committed theft of pumping set. Later one Mahant Nut was beaten to death and Butan Nut received injuries. On behalf of petitioner Saheb Choudhary it has been submitted that other named accused persons have been admitted to bail. On behalf of another petitioner Hari Shankar Prasad it has been submitted that he is not named in the FIR and he is the resident of same village that of other accused persons who have been admitted to bail. Further submission is that FIR named accused person Vinod Prasad, Shrawan Choudhary, Hasim Mian, Manoj Kumar and Mantu - 2 - Prasad have been admitted to bail by the different orders of this court and case of the petitioners is similar to them. Considering the facts and circumstances of the case, the petitioner Saheb Choudhary of Cr. Misc. No. 44442 of 2008 and the petitioner Hari Shankar Prasad of Cr. Misc. No. 47098 of 2008 are directed to be released on bail on furnishing of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Maharajganj P.S. Case No. 46 of 2008. avin (Shyam Kishore Sharma, J.)