IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51070 of 2008 MAHENDRA YADAV Versus STATE OF BIHAR ----------- For the petitioner : Mr. Binit Kumar, Advocate For the State : Mr. Jharkhandi Upadhaya, A.P.P. For the informant : Mr. Ran Vijay Singh, Advocate ------ 4 08.04.2009 Heard learned counsel for petitioner MAHENDRA YADAV who is in custody since 20.5.2008 in connection with Ghoshwari P.S. Case No. 13 of 2002, registered under sections 307, 302, 380 and other allied sections of the Penal Code as also section 27 of the Arms Act. The petitioner is said to have been absent from the P.O. on the said date as he was in Gurgaon in Hariyana in connection with his employment. The prayer for bail is sought to be pressed on the ground that co-accused Jadu Yadav @ Yadu Yadav who is alleged to have fired on the deceased has been enlarged on bail vide order dated 5.1.2007 in Cr. Misc. No. 47876 of 2006. The prayer for bail sought to be opposed by the learned counsel for the informant on the ground that the petitioner has been an absconder for almost six years. Admittedly the petitioner is in custody since 20.5.2008 and co-accused Singheshwar Yadav and Jadu Yadav @ Yadu Yadav have been enlarged on bail and the case of the petitioner appears to be on a better footing than that of Yadu Yadav. Due regard being had to the facts and circumstances of the 2 case the petitioner MAHENDRA YADAV is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount to the satisfaction of the learned Additional Chief Judicial Magistrate, Barh, in connection with Ghoshwari P.S. Case No. 13 of 2002 . The petitioner, however, is directed to be present in Court on all dates fixed in the case. If he fails to appear in Court for reasons otherwise or genuine the Court in seisin of the case shall be at liberty to cancel the bail. Spd/- (Abhijit Sinha, J.)