IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38338 of 2009 BRAJESH KUMAR @ BRAJESH KUMAR YADAV Versus THE STATE OF BIHAR ----------- 2 17.11.2009 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Petitioner has been made accused in connection with Muffasil P.S. Case No. 211 of 2008 for the offences punishable under Sections 302, 120(B) 307, 324, 149, 148, 147 of the Indian Penal Code and 27 of the Arms Act. From the substance of allegation it appears that while accused persons including this petitioner had surrounded the husband of the informant, on the orders of one Nehus Yadav, another co-accused Subash Yadav fired from his rifle which proved fatal for the husband of the informant. Learned counsel for the petitioner submits that no overt act is mentioned against the petitioner save and except that he was member of the assembly. Learned counsel also submits that the order giver, Nehus Yadav has been granted bail by this Court in Cr.Misc. No. 20256 of 2009 vide order passed on 16.6.2009 2 and another co-accused Angad Yadav, whose case was similar of that petitioner being member of assembly has also been granted bail in Cr.Misc. No. 7736 of 2009 dated 06.05.2009. In the circumstances prayer for bail has been made. Having regard to the facts and circumstances of the case, let the petitioner, Brajesh Kumar @ Brajesh Kumar Yadav, be enlarged on bail on furnishing bail bond of Rs.10,000/ (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Munger in connection with Muffasil P.S. Case No. 211 of 2008 subject to the condition that the petitioner would be co-operating in the trial and would be attending the court below on each and every date fixed and failure on his part to attend the court on two consecutive dates fixed without reasonable explanation to the satisfaction of the Court below would grant liberty to the court below to initiate proceedings for cancellation of his bail bond and for taking him into custody. Bibhash (Jyoti Saran, J. )