IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29530 of 2010 BHUKUR YADAV son of Ramdeo Yadav, R/o village Dhanauja, P.S. Mahesi, Dist. Saharsa…….petitioner. Versus THE STATE OF BIHAR opposite party. ----------- 2 12.8.2010 Heard the parties. In a criminal prosecution registered under section 302/34 and some other allied offences under the Indian Penal Code, as also u/s 27 Arms Act altogether 14 persons including the petitioner are said to have arrived at the house of the informant. Informant claims that out of fear he fled away from there and concealed himself at some distance, and thereafter he heard the sound of three firing and on return he found his son dead. It is submitted that admittedly the informant is not an eye witness of alleged occurrence and it is not known as to who are the persons responsible for killing of the son of the informant. The allegation appears to be general and omnibus against all the FIR named accused persons including the petitioner. It is next contended that co-accused Radhanandan yadav besides several other accused have been granted bail by different Benches of this Court. The petitioner is stated to be in judicial custody since 11.1.2010. In the aforesaid facts and circumstances the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of C.J.M, Saharsa in connection with Bakhtiarpur P.S. Case No. 230 of 2007, subject to the conditions: (a) That one of the bailors must be Govt. servant or close family member of the petitioner, who will file an affidavit in the court below - 2 - showing his/her relationship with the petitioner. (b) If the petitioner is found involved in same and similar nature of cases in future, then in that case the informant/prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned. ( Birendra Prasad Verma, J. ) M.Rahman