IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39162 of 2009 1. GORELAL SAHANI, son of Jageshwar Sahni 2. Lal Babu Sahani, son of Jageshwar Sahni Both resident of village Chakhabib, P.S. Bibhutipur, District Samastipur Versus STATE OF BIHAR ----------- 2. 16.11.2009 Heard counsel for the petitioners and the counsel for the State. The two petitioners alongwith eight others are facing prosecution for offence u/s 302 and other allied offences of the Indian Penal Code wherein the main role has been scribed as against petitioner no.2, who is said to have assaulted the deceased with Sawal. Counsel for the petitioners, however, would submit that both the petitioners have got no criminal antecedent and in fact have been falsely implicated in this case. He would also submit that the co- accused persons, namely, Jatahu Sahni and Asharfi Sahni, having identical allegation as that of petitioner no.1 have already been enlarged on bail by an order dated 11.9.2009 in Cr.Misc.No. 32392/2009 by this Court. There being direct allegation against petitioner no.2 and he having also 2 Surendra/ been noted to have criminal antecedent, this Court would not be inclined to direct for release on bail of petitioner no.2. The prayer for bail of petitioner no.2, Lal Babu Sahani, is accordingly rejected. The case of petitioner no.1 Gorelal Sahani is on a different footing and when this Court has granted bail to similarly situated co-accused persons, as noted above, there would be no reason for denying the bail to petitioner no.1. Petitioner no.1 Gorelal Sahani, however, would be released on bail on his furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M., Rosera (Samastipur) in Bibhutipur P.S.Case No. 88/2009 only on verification of the fact that he has got no criminal antecedent. One of the bailers in that event would be either of his parents or the wife. It goes without saying that the petitioner shall remain present in course of trial and his absence on two consecutive dates shall make him liable for cancellation of his bail. (Mihir Kumar Jha,J.) 3