IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3348 of 2009 1. DILIP KUMAR YADAV Son of Hardev Yadav 2. Manoj Kumar Yadav Son of Sukhdev Yadav Both are residents of Village- Bhatwaliya, Police Station- Kopa, District- Saran (Chapra) ------------Petitioner Versus STATE OF BIHAR -----------Opposite Party ----------- 5. 19.8.2009 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Section 302/34 of the Indian Penal Code. Taking into consideration the fact that there is only allegation of assault with fists and slaps on petitioner no. 2, let petitioner no. 2, namely, Manoj Kumar be released on bail on furnishing bail bonds of Rs. 5000/- (five thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge, Fast Track Court- Ist, Saran in connection with Sessions Trial No. 766 of 2008 arising out of Kopa P.S. Case No. 45 of 2008 on condition that he will be personally present on each date during trial and if he defaults to do so on two consecutive dates without reasonable cause, his bail will be liable to be cancelled. Whereas petitioner no. 1 is concerned, there is specific overt act of assault with lathi on the abdomen which resulted in death of the deceased. Therefore, I am not - 2 - inclined to grant bail to petitioner no. 1. The bail application of petitioner no. 1 i.e., Dilip Kumar Yadav is rejected. In case, if there is inordinate delay in conclusion of the trial, the petitioner may renew his prayer for bail. P. Kumar (Anjana Prakash, J.)