IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29003 of 2010 BIRENDRA YADAV son of Jirakhan Yadav, Resident of Village Chandos Police Station Sigori District Patna. Versus STATE OF BIHAR . with Cr.Misc. No.29002 of 2010 RAJENDRA YADAV son of late Suba Yadav, Resident of Village Chandos Police Station Sigori District Patna. Versus STATE OF BIHAR . ----------- 3 5.10.2010 Having heard counsel for the petitioner in both the cases and taking into account that there is direct allegation of causing fire arm injury on petitioner Birendra Yadav (petitioner in Cr. Misc. No.29003 of 2010) which stands substantiated in course of investigation from the statement of the injured persons as also the persons accompanying with them, this Court is not inclined to grant bail to the petitioner Birendra Yadav. As with regard to petitioner Rajendra Yadav (petitioner in Cr. Misc. No.29002 of 2010) is concerned, this Court would find that there is omnibus allegation of causing assault on two injured persons by Lathi and that too such allegation is also against co-accused Ranjit Yadav and Vijay Yadav. In that view of the matter, as the case of Rajendra Yadav is distinguishable and is also said to have been in custody since 17.5.2010, this Court would direct the petitioner Rajendra Yadav (petitioner in Cr. Misc. No.29002 of 2010) to be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M. 2 Danapur, Patna in Sigori P.S. Case No.65 of 2009 after completing six months of his judicial custody on the following three conditions:- (i)The two bail bonds will be furnished, one by the Government servant and the other by a close family relative. (ii)The petitioner will remain present in course of trial on each and every day and his absence even for a single day would automatically entail the consequences of cancellation of his bail. (iii)The petitioner in case is now made accused in any other criminal case that would itself lead to cancellation of his bail. Subject to the aforementioned conditions, the prayer for bail of petitioner Rajendra Yadav is allowed. Prayer for bail of petitioner Birendra Yadav (petitioner in Cr. Misc. No.29003 of 2010) however, is rejected for the present. Abhay Kumar ( Mihir Kumar Jha, J.)