IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5060 of 2010 YASWANT KUAR @ PINKU @ YASWANT KUMAR, SON OF BIRENDRA KUAR, RESIDENT OF VILLAGE- AMBAKALA, P.S. PIPRAHI, DISTRICT-SHEOHAR. …………………………………………………...PETITIONER. Versus THE STATE OF BIHAR………………OPPOSITE PARTY. -------- For the Petitioner : Mr. Nagendra Kumar Singh, Advocate. For the State : Mr. Jitendra Kumar Singh, A.P.P. For the Informant : Mr. B.N.P. Singh, Advocate. --------- 2. 9.3.2010. Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant. The petitioner is an accused in a case registered under Sections 148, 149, 323, 307 and 302 of the Indian Penal Code. As per the allegation, set up in the First Information Report, 30-40 persons had assaulted the deceased with lathi, danda etc. It is alleged that the co-accused, Birendra Kuar, gave first lathi blow upon the deceased. It has been submitted on behalf of the petitioner that the allegations against the petitioner and the other co- accused persons are general and omnibus. Several accused - 2 - persons alleged to have given lathi and danda blows upon the deceased, however, there is only one injury on the head of the deceased as per the post-mortem report and the deceased had died after two days of the occurrence. Petitioner is stated to be in custody since 4.12.2009. Learned counsel for the petitioner lastly submitted that in fact, the specific allegation of opening the assault is upon one co-accused, Birendra Kuar. Learned counsel for the informant submitted that during the course of investigation, it has come that the petitioner had also assaulted the deceased alongwith other co-accused persons. It is submitted that the charge sheet was submitted in this case showing the petitioner as absconder. Thereafter the petitioner had surrendered on 4.12.2009 and, as such, he does not deserve bail. However, learned counsel for the petitioner submitted that several other similarly situated co-accused persons have already been granted bail by different Benches of this Court. Copies of the orders of the same have been annexed as Annexure-‘7’ series to the application. Having regard to the facts and the circumstances of - 3 - the case, the petitioner, Yaswant Kuar @ Pinku @ Yaswant Kumar, 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 A.D.J./F.T.C. IInd, Sheohar, Sitamarhi, in connection with S. Tr. No.444/2007 corresponding to Piprahi P.S. Case Noi.35/2005, with a further condition that the petitioner shall remain present during the course of the trial on each and every date. If he remains absent on two consecutive dates without sufficient cause being shown for such omission, the court concerned would be at liberty to take steps for cancellation of his bail bonds. P.S. (Dr. Ravi Ranjan,J)