IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No. 40868 of 2009 DHARMENDRA CHAUDHARY @ DHARMENDRA KUMAR CHAUDHARY, S/o Rambriksh Chaudhary, R/o Vill. – Harla, P.S. – Sirdala (Meskaur), Distt. – Nawada ………………….. Petitioner Versus THE STATE OF BIHAR …………. Opposite Party ----------- For the Petitioner:- Mr. Krishna Prasad Singh, Sr. Advocate. For the State:- Mr. Jitendra Kumar Singh, A.P.P. ----------- 2. 30.11.2009. Heard learned counsel for the petitioner and learned A.P.P. appearing on behalf of the State. Petitioner is an accused in a case registered under Section 302 of the Indian Penal Code and Section 27 of the Arms Act. Prayer for bail has earlier been rejected by a Bench of this court on 11.08.2008. It is submitted on behalf of the petitioner that the allegation in the first information report is that the petitioner along with his father, Rambriksh Chaudhary had allegedly caught hold of the father of the informant upon which co-accused Sheo Shankar Chaudhary fired at him causing his death. It is stated that said Rambriksh Chaudhary, father of this petitioner, whose case was on similar footing as that of the present petitioner, had already been 2 granted bail by a Bench of this Court vide order dated 27.03.2008 passed in Cr. Misc. No. 3838/2008. However, this factum could not be brought to the notice of this Court at the time of passing of order dated 11.08.2009 rejecting the prayer for bail. It is also stated that the petitioner in jail since 1.5.2008. Having regard to the facts and circumstances of the case, I direct the petitioner, Dharmendra Chaudhary @ Dharmendra Kumar Chaudhary to be released on bail on his furnishing bond in the sum of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Sessions Judge, Nawada in connection with S. Tr. No. 204 of 2009, arising out of Sirdala P.S. Case No. 74/07. However, the petitioner is required to remain present on each and every date fixed by the concerned court during the course of trial failing which the court concerned shall be at liberty to take steps for cancellation of the bail bonds of the petitioner. dk ( Dr. Ravi Ranjan, J. )