IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34812 of 2011 1. Rajesh Yadav , Son of Gaibi Yadav. 2. Gita Yadav, Son of Nagina Yadav. R/o Village – English, P.S. – Sabour, District – Bhagalpur. …………….. Petitioners Versus The State Of Bihar …………….. Opp. Party ---------------------------------- 2 25.10.2011 Heard Sri Shiwesh Chandra Mishra, learned counsel for the petitioner. None appeared on behalf of the state. Two petitioners, who are in custody in Sabour P.S. Case No. 36 of 2011, registered for the offence under Sections 302/34 of the Indian Penal Code, have prayed for grant of bail. Learned counsel for the petitioner submits that in the F.I.R. itself there is no specific allegation against the petitioners. Only general and omnibus allegations have been made that accused persons used lathi during the occurrence. It was further submitted that in this case place of occurrence has been shown as Bathan of one of the accused namely Ramadhar Yadav. In view of the facts and circumstances, particularly the fact that allegation is of general and omnibus nature, let both the petitioners namely Rajesh Yadav and Gita Yadav, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur, in connection with Sabour P.S. Case No. 36 of 2011, with a condition that during the trial both the 2 petitioners shall remain physically present, failing which, their bail bonds shall stand automatically cancelled. However, in special exigency, the petitioners can remain absent on a particular date with prior permission of the court below. Praful ( Rakesh Kumar, J.)