IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38601 of 2009 JEBHA RAI @ DOMA RAI Son of Dhram Nath Rai resident of Village/mohalla Sheo Bazar, P.S. Bhagwan Bazar, District-Saran at Chapra. Versus STATE OF BIHAR ----------- 3 18/12/2009 Heard counsel for the petitioner and counsel for the State. Considering the fact that the petitioner, facing allegation for the offence under sections 302/34 of the Indian Penal Code, can have no different case, in view of averment made in the First Information Report, as against the case of co-accused Sanjay Rai and Julush Chaudhary. The omnibus allegation against all the four persons including the petitioner, Julush Chaudhary and Sanjay Rai, in fact, also do not get any further explanation from the postmortem report wherein the doctor has only found bandage would. This Court has also, in fact, called for injury report, i.e, the first injury report at Chapra Hospital wherein the deceased was first admitted before going to the Nalanda Medical College, Patna, but neither in the case diary nor otherwise the same has been produced, which would go to show that probably prosecution was not careful in getting the first injury report on records. Be that as it may, since the petitioner has also claimed to have no criminal antecedent and his case would 2 also stand on the same footing as that of co-accused Julush Chaudhary and Sanjay Rai who have been granted bail by this Court by orders dated 1.12.2009 and 2.12.2009 respectively in Cr. Misc. No.41406 of 2009 and Cr. Misc. No.35682 of 2009, this Court, therefore, finding the case of the petitioner to be on identical footing as that of co-accused Julush Chaudhary and Sanjay Rai, would direct for release of the petitioner, namely, Jebha Rai @ Doma Rai, on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saran, Chapra in Bhagwan Bazar P.S. Case No.58 of 2009 on the following conditions:- (1)That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner, (2)That the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is he shall not be released on bail & (3)That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. The Office, however, will submit an explanation 3 as to how the Cr. Misc. NO. 35682 of 2009 and Cr. Misc. No.41406 of 2009 were placed before two different Benches arising out of the same case especially when the present case bearing Cr. Misc. No. 38601 of 2009 filed on 3.11.2009 was still pending before this Court. Abhay Kumar (Mihir Kumar Jha, J.)