IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12960 of 2010 RAJA RAM YADAV, Son of Dukha Yadav, resident of village Bisanpur Tola Wardhura, P.S. Bihra, District Saharsa ….. Petitioner Versus STATE OF BIHAR ….. Opposite Party ----------- For the petitioner : Mr. Krishna Pd. Singh, Sr. Advocate For the State : Mr. Govind Kishore, A.P.P. For the informant : Mr. Pramod Kumar, Advocate -------- 2 22.04.2010 Heard learned counsel for the petitioner, the State and the informant. The petitioner seeks bail in a case registered under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act. It is submitted that the prayer for bail of the petitioner has been rejected vide Annexure 1. However, liberty was granted to the petitioner to renew the prayer for bail after 4 months. It is submitted on behalf of the petitioner that allegation is general and omnibus against all the persons including the petitioner. Further allegation against the petitioner is that he has shown a weapon kept in his hand. Genesis of this occurrence is summarily a dispute going between the parties as the deceased 2 was a witness in the case lodged by his daughter-in- law, the informant, against the petitioner. It is further submitted on behalf of the petitioner that co- accused Nanhku Yadav @ Nand Kishore Yadav , Kaleshwar Yadav @ Kailash Yadav and Dasrath Yadav & antoehr have already been granted by different Benches of this Court by order dated 8.5.2009 passed in Cr. Misc. No. 8745 of 2009, 2.7.2009 passed in Cr. Misc. No. 23111 of 2009 and 19.8.2009 passed in Cr. Misc. No. 29840 of 2009 respectively as mentioned in paragraph no. 12 of the application. Petitioner is stated to be in custody since 29.8.2009. Learned counsel appearing for the informant submits that the wife of the deceased has subsequently recorded her statement alleging that this petitioner and Kundan Yadav had fired upon the deceased. However, in reply learned counsel for the petitioner submitted that the statement of the daughter of the deceased was also recorded by the police immediately after the occurrence who had 3 stated that her mother had gone to her “naihar”, i.e., village Bhersaria, at the time of occurrence. Thus, it is submitted that the wife was not even present at the time of occurence according to the daughter who was definitely present in the house. In the facts and the circumstances of the case, the petitioner, RAJA RAM YADAV, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa in connection with Bihra P.S. Case No. 149 of 2008. Further, the petitioner shall remain present on each and every date during the course of trial. If the petitioner fails to remain present on two consecutive dates without any reasonable explanation then the court concerned would be at liberty to take steps for cancellation of bail bonds of the petitioner. Spd/- (Dr. Ravi Ranjan, J.)