IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19778 of 2009 DASHRATH YADAV Versus STATE OF BIHAR ----------- 4. 25.07.2009 Counsel for the petitioner and counsel for the State submit in one voice that the petitioner in the particular facts of the case may be granted the privilege of bail because of the following reasons: The FIR was instituted under diverse sections including sections 364 and 302 IPC as well as under section 27 of the Arms Act against nine accused persons. The allegation is that they came in mob and attacked the informant in which one person received injury. While retreating, it is alleged, that the son of the informant was kidnapped and since then he is traceless. It appears from the records that the case was lodged sometime in 1998. The investigation continued for about eight years and ultimately charge-sheet was submitted on 27.11.2006. Records further indicate that in the meanwhile five of the named accused(s) were put on trial and finding the evidence grossly deficient, they have been acquitted of the charge(s). It is further pointed out that co-accused(s) Suresh Yadav and Thakko Yadav having somewhat identical allegation, have since been released on bail by this Court. A supplementary affidavit has been filed affirmed - 2 - by the younger brother of the petitioner. Along with the said affidavit, the order dated 30.03.2007 has been enclosed whereby the petitioner’s prayer for bail was considered and rejected with the observation that he may renew his prayer after framing of charge. Learned counsel for the petitioner submits that charge(s) have already been framed on 25.03.2009. In the facts and circumstances of the case, let the petitioner abovenamed be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of CJM, Samastipur in connection with Hassanpur Bithan P.S.Case No. 172/98, subject to the conditions that one of the bailors shall be his own/close family member and the petitioner shall appear in person on each date fixed in trial. In case of default on two consecutive dates, it will be open to the trial court to cancel his bail bonds and to secure his arrest in accordance with law. hr ( Kishore K. Mandal )