IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20821 of 2011 Nago Yadav, Son of Late Balram Yadav, Resident of Village Babhangma, P.S. Amarpur, District Banka. -------Petitioner Versus The State Of Bihar -----Opposite Party ----------------- 04/- 24/11/2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary up to paragraph – 121 dated 17/03/2011. The petitioner apprehending his arrest in connection with a case registered for the offence punishable under Sections 341, 323, 447, 307/34 and later on Section 302 of the Indian Penal Code, is one of the four named accused persons in this case with general and omnibus allegation of assaulting the brother-in-law of the informant Prabhas Yadav, who subsequently during treatment succumbed to the injuries. Submission is that he has been implicated in this case due to village enmity and institution of Amarpur P.S. Case No. 113 of 2010. Further, during investigation, it has come that it is non-petitioner, Pawan Yadav, who inflicted vital injuries to the deceased. Learned Additional Public Prosecutor, who is armed with case diary could not able to refute such submissions. Considering the facts and circumstances of the case, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Banka in connection with Amarpur P.S. Case No. 114 of 2010, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below on each and every date at least for two years or till disposal of the case, whichever is earlier and in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)