IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33032 of 2011 1. Shyam Yadav 2. Sushil Yadav, Both sons of Buchai Yadav R/O Village - Tardih, P.S. Sakatpur, District – Darbhanga. ---------- Petitioners. Versus The State of Bihar ------Opposite Party ******** With Criminal Miscellaneous No.33038 of 2011 1. Ranjit Yadav S/O Bikau Yadav 2. Rajendra Yadav S/O Bhallu Yadav 3. Rajendra Yadav @ Gudar Yadav, son of Choudharyjee Yadav. All resident of village - Tardih, P.S. Sakatpur, District – Darbhanga. ---------- Petitioner. Versus The State of Bihar -------Opposite Party ******** 4. 22.11.2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. Earlier vide order dated 21.11.2011, Cr. Misc. No. 33032/2011 and Cr. Misc. No. 33038/2011 were disposed of as withdrawn with respect to petitioner no. 1 namely Shyam Yadav, son of Buchai Yadav, and Petitioner no. 2 namely, Rajendra Yadav, son of Ballu Yadav. Remaining three petitioners, apprehending their arrest in connection with Sakatpur P.S. Case No. 53/2011 for offences under Sections 147/148/149/341/323/324/326/307/452/379/504 of the Indian Penal Code, are named accused in this case with allegation of arriving at the house of the informant and in retaliation of political rivalry on failure to succeed in getting hold of the informant assaulted his wife. The petitioners except Sushil Yadav, carry general and omnibus allegation. Submission is that Sushil Yadav though carries specific allegation stabbing informant’s wife by a dagger, but post mortem report does not support such assertions. Further, at no point of time the statement o deceased was ever recorded. Though, she is said to be alive for several days during treatment before death. Specific allegation of assault appears against one Shyam Yadav, whose prayer has already been withdrawn after being apprehended. Further, none of the petitioners have any criminal antecedent. If, it is so, considering the facts and circumstances of the case, in the event of their arrest or surrender within a period of four weeks, let the petitioners namely, Sushil Yadav, Ranjit Yadav and Rajendra Yadav @ Gudar Yadav, be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Darbhanga, in connection with Sakatpur P.S. Case No. 53/2011, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to attend the court regularly till disposal of the case, in the event of failure on two consecutive dates, without any reasonable explanation, the privilege granted shall be deemed to be cancelled. Rajeev/- ( Akhilesh Chandra, J.)