IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7792 of 2010 MAHENDRA YADAV son of late BalbaYadav, resident of village Kajhi (Yadav Tola), Police Station Banmankhi, District Purnea, … …Petitioner Versus THE STATE OF BIHAR … OPPOSITE PARTY For the Petitioner: Mr. Mr. N.K. Agrawal, Sr.Advocate For the State : Mr. Pramod Kr. Pandey, APP … 5 26.04.2010 Heard learned counsel for the petitioner and the State. The petitioner is in custody and seeks bail in a case registered under sections 147, 148, 149, 323, 324, 307, 302, 447 and 504 of the Indian Penal Code. It is submitted on behalf of the petitioner that the genesis of the occurrence is a dispute regarding cutting of Sheesham tree. It is further submitted that from the first information report, it would be manifest that co-accused Jhagru Yadav had assaulted the deceased by arrow which pierced his chest causing his instant death. Subsequently, the petitioner along with co-accused Subhash Yadav had also assaulted the deceased after he fell down and died. It is contended that it is apparent from the post-mortem report that the injury caused by the arrow piercing the heart and lung of the deceased was the cause of death, whereas - 2 - lacerated wound upon the head of the deceased appears to be skin deep only. Further contention is that from the allegation set up in the first information report itself, it is clear that the petitioner has allegedly assaulted the deceased after his death. The petitioner is stated to be in custody since 05.12.2009. I have also perused the report of the concerned Superintendent of Police, wherein it is stated that the petitioner does not bear any criminal antecedent. Having regard to the facts and circumstances of the case, I direct the abovenamed petitioner, MAHENDRA YADAV, to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea, in Banmankhi Police Station Case No. 126/09 with further condition that one of the bailors must be close relative or family member of the petitioner, who shall state on affidavit before the court concerned, giving complete genealogy, as to how he or she is related with the petitioner. Further, the petitioner shall also remain present on each and every date during the course of the trial and if - 3 - he fails to remain present on two consecutive dates in course of trial without any reasonable cause shown by him, the court concerned would be at liberty to take steps for cancellation of his bail bonds. SC (Dr. Ravi Ranjan, J.)