IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21813 of 2010 RAJENDRA YADAV & RAMJEE YADAV Versus THE STATE OF BIHAR ----------- 4 9.8.2010 Heard counsel for the petitioners and the State as well as learned counsel appearing on behalf of the informant. The petitioners are accused in a case under section 307 and other allied sections of the Penal Code to which section 302 of the Penal Code was added after 15 days. It is alleged by the informant Motilal Yadav that the petitioner no.1 Rajendra Yadav assaulted his uncle Bindhyachal Yadav on his head by Pharsa causing grievous injury. It is further alleged that petitioner no.2 Ramjee Yadav assaulted his cousin brother Munnu Lal Yadav on his ‘Peru’ by Bhala as a result of which he too sustained injury. It is alleged that after 15 days Bindhyachal Yadav died. Learned counsel for the petitioners submits that there is a case and counter case in which the petitioner no.1 also sustained injuries around his right leg. The petitioner no.1 is in custody since 15.3.2010 and petitioner no.2 is in custody since 2.4.2010. Learned counsel for the State and the informant by opposing their prayer for bail submits that petitioner no.1 Rajendra Yadav has given fatal blow as a result of which Bindhyachal Yadav succumbed to the injuries. They further submit that petitioner no.2 has also given Bhala blow on the cousin of the informant namely Munnu Lal Yadav as a result of which he sustained serious injury on his abdomen. 2 KHAN Having considered the facts and circumstances of the case and taking consideration the totality of the circumstances, I am not inclined to grant bail to the petitioners. Their prayer for bail is rejected. As there is case and counter case in which petitioner no.1 Rajendra Yadav also sustained injuries, I observe that if there is no substantial progress in the trial, he may renew his prayer for bail after 1 ½ years. So far as petitioner no.2 Ramjee Yadav is concerned, he is said to have assaulted Munnu Lal Yadav on his ‘Peru’ by bhala, he may renew his prayer for bail after three months. (S.P.Singh,J) 3 KHAN