IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9895 of 2010 1. JIMEDAR YADAV @ JAMINDAR YADAV. 2. LAKHAN YADAV, BOTH SONS OF LATE JHARI YADAV. 3. SURESH YADAV, SON OF LATE PURAN YADAV. 4. JHAMAN YADAV, SON OF LATE NANHAK YADAV. ALL RESIDENTS OF VILLAGE KAHUNDAG, P.S. BARACHATI, DISTRICT-GAYA. ………………………………………………PETITIONERS. Versus THE STATE OF BIHAR……………OPPOSITE PARTY. --------- For the Petitioners : M/s. Yogesh Chandra Verma, Senior Advocate and Rajni Kant Singh, Advocate. For the State : Mr. Uma Shankar Prasad Singh, A.P.P. --------- 2. 26.3.2010. Heard learned counsel for the petitioners and the learned A.P.P. for the State. The petitioners seek bail in a case registered under Sections 452, 302 and 323/34 of the Indian Penal Code. The allegation as set up in the First Information Report is that about 12 persons had assembled and assaulted the husband of the informant by lathi, danda etc. causing injury due to which he had died. It has been submitted on behalf of the petitioners - 2 - that the allegation is general and omnibus against all the 12 persons, however, post-mortem report goes to show that there were 3-4 injuries on the body of the deceased and the deceased had died due to injury upon his head caused by hard and blunt substance. Thus, it is submitted that since 12 persons had allegedly assaulted the deceased and there are only four injuries and the deceased had died due to one of them which was head injury, it is not clear as to who was the author of that injury. Having regard to the facts and the circumstances of the case, the petitioners, namely, (1) Jimedar Yadav @ Jamindar Yadav, (2) Lakhan Yadav, (3) Suresh Yadav and (4) Jhaman Yadav, are directed to be released on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the S.D.J.M., Sherghati, District-Gaya, in connection with Barachati P.S. Case No.242/2009, with a further condition that the petitioners shall remain present on each and every date during the course of the trial. If the petitioners fail to remain present on two consecutive dates during the course of the trial without any reasonable cause - 3 - being show, the court concerned would be at liberty to take steps for cancellation of their bail bonds. P.S. (Dr. Ravi Ranjan,J)