IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26835 of 2011 1. Ramashish Yadav 2. Bilakashan Yadav @ Ram Bilakshan Yadav Both Son of Late Pulkit Yadav Versus The State Of Bihar ----------- For the Petitioner :- Kumari Jyoti (Adv) For the State :- Sanjay Kumar (A.P.P.) 3 17.10.2011 Heard learned counsel for the petitioners, learned Additional Public Prosecutor for the State and learned counsel for the Informant. Both the petitioners are named accused in this case of assault. Submission is that in fact the case has been instituted to just save their skin in another case instituted against them wherein one of the persons was killed. Moreover, there is nothing specific against the petitioners nor stands corroborated during investigation. Learned counsel appearing on behalf of the informant and learned Additional Public Prosecutor, both pointed out that though against petitioner no.1 there is general and omnibus allegation but against petitioner no.2 Bilakashan Yadav @ Ram Bilakshan Yadav, there is specific allegation of assaulting Ram Krishna Yadav on his head by a deadly weapon and injury sustained by him is not only one vital part of the body but grievous. Considering the facts and circumstances of the case, in the event of his arrest/surrender before the court 2 below within four weeks of receipt of the copy of this order, petitioner no.1 Ramashish Yadav is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhubani in connection with Ladania P.S. Case No. 29 of 2011, subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to remain physically present before the court below on each and every date at least one year or till disposal of the case, whichever is earlier, in case of failure on two consecutive dates, without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled but petitioner no.2 Bilakashan Yadav appears not entitled for privilege of bail. Accordingly, prayer for bail on behalf of petitioner no.2 is, hereby, rejected. Md. Ibrarul ( Akhilesh Chandra, J.)