IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43609 of 2009 RABI YADAV @ RABINDAR YADAV @ RABEN YADAV, SON OF LATE AGAMLAL YADAV, RESIDENT OF VILLAGE DIGHIYA, P.S. KISHANPUR, DISTRICT SUPAUL. Versus STATE OF BIHAR ----------- 3. 23.2.2010. Heard Mr. Amar Prakash, learned counsel for the petitioner and learned counsel for the State. The petitioner is in custody in Kishanpur P.S. Case No.125 of 2008 (Sessions Trial No.190 of 2009) for the offence under Section 302 and other allied Sections of the Indian Penal Code. Allegation against the petitioner is that he along with two others gave samath blow on the head of the father of the informant and thereafter, other accused persons assaulted him with lathi. Subsequently, the injured was carried to the hospital and during treatment, the injured succumbed to his injury. In the F.I.R, altogether nine persons were named as accused. Learned counsel for the petitioner submits that, of course, there is allegation of assault against the petitioner at the same time even as per F.I.R., the informant had - 2 - alleged that other accused persons simultaneously assaulted the deceased. Learned counsel for the petitioner submits that in this case, almost all the accused persons except this petitioner have been granted bail. He refers paragraph-9 to his petition wherein he has given the number of some cases such as Cr. Misc. No.6861 of 2009 and Cr. Misc. No.18490 of 2009 whereby other accused persons were granted bail. In view of the fact, let the petitioner above named be enlarged on bail on his further bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Addl. Sessions Judge, Addl. F.T.C.-II, Supaul in Kishanpur P.S. Case No.125 of 2008 with a condition that on each and every date, the petitioner shall remain present before the court, failing which his bail bond shall automatically be cancelled provided that in special exigency the petitioner can make a prayer before the court for prior permission for his none appearance on a particular date and the court below may examine such prayer - 3 - N.H./ on its own merit. With above observation and direction, the bail petition is allowed. ( Rakesh Kumar,J.)