IN THE HIGH COURT OF JUDICATURE AT PATNA Cr Misc No 13256 of 2008 PAPPU YADAV @ PAPPU BHARTI & ANR Versus THE STATE OF BIHAR ----------- 2 19.05.2008 The petitioners are in custody since 30.03.2007 in relation to Magadh Medical College Police Station Case No 22 of 2005 instituted under Sections 364, 302/34 of Indian Penal Code. It is alleged by the informant that on the previous day, her brother was dragged and beaten severely by the two petitioners and one Kamdeo Yadav who happens to be the father of the petitioner Pappu Yadav. She came to know from people that her brother was admitted to hospital by the police and she reached there. In course of treatment, he died. She learnt that the three persons beat her brother so severely that he ultimately died. The father, that is KamdeoYadav, was granted bail by this Court on 30.03.2007 in Cr Misc No 8204 of 2007. Notwithstanding the aforesaid, the Additional Sessions Judge, Fast Track Court No IV, Gaya, before whom the Sessions Trial is pending being Sessions Trial No 81 of 2007/633 of 2007, has rejected the bail application of the petitioners and regrettably without even caring to refer to or distinguishing the order of this Court granting bail to Kamdeo Yadav, as noted above. The matter is of great concern inasmuch as learned Fast Track Court No IV, Gaya is the Court before whom the trial is also pending and he must be fully aware of the order of this Court. 2 In the facts and circumstances of the case, the petitioners Pappu Yadav @ Pappu Bharti and Satyendra Yadav are directed to be released on bail on each of them furnishing bonds 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 IV, Gaya in Sessions Trial No 81 of 2007/633 of 2007 arising out of Magadh Medical College Police Station Case No 22 of 2005 dated 04.05.2005. M.E.H./ ( Navaniti Prasad Singh )