IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37641 of 2010 SOHAIL son of Mohsin, R/o village-Kathamatha, Police Station-Kochadhaman, District-Kishanganj. ......Petitioner. Versus The STATE OF BIHAR ............Opposite Party. ----------- 2/ 10.12.2010 Heard Mr. Najmul Hoda, learned counsel for the petitioner and Mr. Sanjay Kumar Singh, learned Additional Public Prosecutor, appearing on behalf of the State. The petitioner, who is in custody in connection with Sessions Trial No. 379 of 2009 (arising out of Kochadhaman P.S. Case no. 106 of 2007) for the offence under section 302/34 of the Indian Penal Code, has prayed for grant of bail. The accusation against the petitioner is that, while father of the petitioner and other accused person caught hold of the brother of the informant, the petitioner assaulted the brother of the informant by feast and slap. It was also alleged that in the occurrence the brother of the informant was injected by the petitioner. Learned counsel for the petitioner submits that though in the first information report it was alleged that the petitioner had given injection at the time of occurrence, 2 death has occurred, as per the post mortem report, due to head injury. It was submitted that the petitioner is in custody since 12.12.2008 and other accused persons have already been extended privilege of bail. Learned counsel for the petitioner has referred to paragraph 11 of the petition wherein it has been indicated that co- accused Izhar @ Md. Izhar, Md. Mosim @ Mosim and Kalu have been granted bail vide Cr. Misc. No. 30720 of 2008 and Cr. Misc. No. 24086 of 2009 respectively. Learned Additional Public Prosecutor appearing on behalf of the State has opposed the prayer of bail. In view of nature of accusation as well as period of custody, let the petitioner, above named, be enlarged 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 Sessions Judge, Kishanganj in connection with Sessions Trial No. 379 of 2009 (arising out of Kochadhaman P.S. Case no. 106 of 2007) with a condition that the petitioner shall remain physically present on each and every date during the trial failing which the bail bonds shall stand automatically cancelled provided that in special exigency on a particular date he may remain absent if he is 3 granted prior permission for exemption. The trial court will be at liberty to grant such prior permission for his exemption on particular date. Anjani/ ( Rakesh Kumar, J )