IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21053 of 2009 JUBER @ JUBER ALAM Versus STATE OF BIHAR ----------- 2 02.07.2009 Heard both sides. The sole petitioner seeks bail in a case instituted under Section 302/34 of the Penal Code. As per allegation in the F.I.R., co-accused Ishaque is said to have inflicted ‘bhala’ injury on the head of the deceased. The further allegation is that this petitioner assaulted him by means of a ‘farsa’ on head. Further omnibus and general allegation is that this petitioner along with other assaulted the informant and another son called Umar Ali. Learned counsel for the petitioner referring to the post mortem report (annexure-2 series), submits that the deceased, as per the report, received single injury caused by penetrating weapon. It is further submitted that another injured received only one lacerated injury on occipital region. This Court finds that the petitioner remained absconding for about 14-15 months, as a result thereof, the trial of some of the accuseds was separated. However, having regard to the submissions noted above, I am persuaded to admit the petitioner to bail. In the facts and circumstances of the case, petitioner named above, is directed to be released on bail on furnishing bail 2 bond of Rs. 10,000/- ( ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Birpur, in Birpur P.S.Case no. 98/2007, subject to the following conditions: (a) One of the bailors should be the own/close family member of the petitioner. (b) Petitioner shall appear in person on the date fixed at the trial. In the event of default in such appearance on two consecutive dates, the trial court shall have liberty to cancel his bail bond and secure his arrest in accordance with law. Sym/ (Kishore K. Mandal, J.)