IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36629 of 2009 AMIT RAI S/O BHANDARI RAI VILL- SONEDAHI, P.S. SURSAND, DISTT. SITAMARHI ………………. Petitioner Versus THE STATE OF BIHAR ………….. Opp.Party ----------- 2. 13/11/2009 Heard learned counsel for the petitioner and learned counsel for the State. Case is under sections 147, 148, 149, 326, 307, 302 of the Indian Penal Code. In the F.I.R. there is omnibus allegation against petitioner and others of having assaulted with chhura. However, there is specific allegation against Birendra Rai of having assaulted the deceased thrice by chhura. Further allegation against Birendra Rai is that he assaulted the daughter of the deceased also. Learned counsel for the petitioner has produced an order of this Court dated 13.8.2009 passed in Cr.Misc.No.19957 of 2009 from which it appears that four similarly situated accused persons have been allowed bail by this Court on the ground that the said Birendra Rai has been allowed bail by this Court by order dated 31.3.2009 passed in Cr.Misc.No.26802 of 2008. He submits that the police had submitted final report in which petitioner was not sent up for trial. However, later on, learned Magistrate - 2 - has taken cognizance against petitioner, on account of which, he surrendered on 16.9.2009 and since then he is in jail. Considering the above facts and circumstances, this application is allowed. Let petitioner be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions judge, Fast Track Court No.VII, Sitamarhi in Sessions Trial No.346 of 2009 arising out of Dumra P.S.Case No.201 of 2007 with conditions as laid down in Sub-Section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioner. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest. Pradeep/ (J. N. Singh, J.)