IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44133 of 2009 GARHI @ GARHI YADAV @ GARBHU YADAV & ANR Versus STATE OF BIHAR ----------- 3 26.02.2010 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Petitioner has been made accused in connection with Sultanganj P.S. Case No. 46 of 2007 (G.R. No.1116 of 2007) for the offences punishable under Sections 302/34 of the Indian Penal Code. Substance of allegation against these petitioners and others is that when the brother of the informant went to recover his money from petitioner No.1, the accused persons assaulted him and which resulted in his death. The dead body was found near the well with injury marks. Learned counsel with reference to paragraphs 58 and 73 of the case diary submits that the petitioner No.1 has been alleged with urging the others to kill the deceased and the petitioner No.2 has been alleged of being armed with a lathi. There is no other allegation on the part of the petitioner rather the allegation centers around one Basuki Yadav who 2 has been specifically alleged of assaulting the deceased with an iron pipe where after the deceased fell down and succumbed to his injury. Learned counsel thus submits that the role of the petitioner No.1 has been that of an order giver and that of petitioner No.2 is of being the member of the group. Learned counsel submits that the said Basuki Yadav who has been charged with the grievous assault has been granted bail in Cr. Misc. No. 12264 of 2008 and that the case of these petitioners are on better footing. He further submits that the petitioners are in custody since 26.8.2009. Having regard to the facts and circumstances of the case, let the petitioners, Garhi alias Garhi Yadav @ Garbhu Yadav and Sikandar Yadav be enlarged on bail upon each of them furnishing individual bail bond of Rs.10,000/ (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhagalpur in connection with Sultanganj P.S. Case No. 46 of 2007 (G.R. No. 1116 of 2007) subject to the condition that the petitioners would be attending the court below on each and 3 every date fixed and failure on their part to attend the court on two consecutive dates fixed without reasonable explanation to the satisfaction of the Court below would grant liberty to the court below to initiate proceeding for cancellation of their bail bond and for taking them into custody. Bibhash (Jyoti Saran, J. )