IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34761 of 2010 SARYUG YADAV . Versus THE STATE OF BIHAR . ----------- 3 13.12.2010 Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. Petitioner is in custody in connection with Hilsa P.S. Case No.182 of 2009 giving rise to Sessions Trial No. 14 of 2010 for the offence punishable under Sections 341, 323,324 and 307 of the Indian Penal Code and subsequently Section 302 was added to the set of allegations. This is second attempt on behalf of the petitioner his earlier application having been rejected by this Court under order dated 27.11.2009 passed in Cr.Misc. No. 41160 of 2009. Learned counsel with reference to the charge-sheet placed at Annexure-3 to the application submits that the police has submitted charge-sheet under Section 304 of the Indian Penal Code. He submits that for the alleged offence in which the informant succumbed to her injuries after a lapse of 5 days, the petitioner aged about 70 years has suffered incarceration since 16.7.2009. He further submits that the prayer of the petitioner may be 2 reconsidered in the aforesaid background and the report of the learned Sessions Judge. Taking into consideration the circumstances and considering the submissions of the learned counsel, let the petitioner namely, Saryug Yadav be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional District Judge-I, Biharsharif, Nalanda in connection with Hilsa P.S. Case No.182 of 2009 giving rise to Sessions Trial No. 14 of 2010 subject to the condition that the petitioner would personally be present on each and every date fixed in the trial and upon failure on the part of the petitioner to present himself before the trial Court on two consecutive dates fixed in the trial without reasonable explanation to the satisfaction of the trial court, would confer liberty on the court concerned to cancel the bail bond of the petitioner and take him into custody. Bibhash (Jyoti Saran, J.)