IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36062 of 2009 ASHISH YADAV Son of Rajendra Yadav resident of Village-Punsia P.S. Rajoun, District Banka. Versus STATE OF BIHAR 2 30/10/2009 Heard counsel for the petitioner and counsel for the State. Considering the nature of allegation in a case under section 302 of the Indian Penal Code where it is said that co-accused Devendra Yadav and Sanjiv Yadav had caused fatal injury on the head of the deceased and the petitioner along with co-accused Nawin Yadav, Chandreshwari Yadav had assaulted on other portion of body of the deceased, this Court on finding from the postmortem report that there is no injury sufficient for causing death on any other portion of the deceased except head injury, and also keeping in view that the petitioner is aged about 18 years and is in custody since 17.10.2008, this Court would grant bail to him by taking into account that he is not the main assailant. That being so, the petitioner, namely, Ashish Yadav is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of A.D.J/F.T.C.II Banka in S.T. No.220 of 2009 arising out of Rajoun P.S. Case No.140 of 2008 on the condition that one of the bailer must be either of his parents and that the petitioner shall remain regularly and punctually present in course of trial and his absence for two consecutive dates in course of trial shall automatically entail consequence of cancellation of his bail. Abhay Kumar (Mihir Kumar Jha, J.) - 2 - -----------