IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13921 of 2010 SAMBHU SAH, Son of Rudal Sah, R/o Phulbariya, P.S. Babubarhi, District Madhubani ….. Petitioner Versus THE STATE OF BIHAR ….. Opposite Party ----------- For the petitioner : Mr. Gagandeo Yadav, Advocate For the State : Mr. Uma Shankar Pd. Singh, A.P.P. 3 12.05.2010 Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks bail in a case registered for offences punishable under Sections 302/34 of the Indian Penal Code. Petitioner’s prayer for bail had earlier been rejected at that stage vide order dated 6.10.2009 passed in Cr. Misc. No. 29089 of 2009. A copy of which is appended as Annexure 1. Perused the report of the learned Additional District and Sessions Judge, Fast Track Court I, Madhubani and it appears that after commitment charges have been framed on 7.1.2010 and the case is pending for evidence. It is submitted on behalf of the petitioner that four persons have been named along with 2 – 3 2 unknown persons in the first information report for assaulting the deceased. The informant claims that the deceased had revealed the names of the persons described in the first information report to him, which also includes this petitioner. However, it is submitted that allegation is general and omnibus against all the accused persons. It is further contended that the other named accused persons, namely, Ram Kala Devi and Suryanarayan Singh have already been granted bail vide order dated 6.10.2009 passed in Cr. Misc. No. 19784 of 2009 and co-accused Manoj Sah has also been granted bail vide order dated 16.2.2010 passed in Cr.Misc. No. 4251 of 2010. Petitioner is stated to be in custody since 27.2.2009. In the facts and the circumstances of the case, the petitioner, SAMBHU SAH, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge, Fast Track Court I, Madhubani in connection with Babubarhi P.S. Case No. 26 of 2009 (S.T. No. 349 of 2009/ 196 of 2009), with a 3 further condition that one of the bailors of the petitioner must be a close relative or family member of the petitioner, who shall file affidavit before the concerned court giving complete genealogy to show his or her relationship with the petitioner. Further, the petitioner shall remain present on each and every date during the course of trial. If the petitioner fails to remain present on two consecutive dates without any reasonable explanation then the court concerned would be at liberty to take steps for cancellation of bail bonds of the petitioner. Spd/- (Dr. Ravi Ranjan, J.)