IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39860 of 2010 1. NAND LAL YADAV 2. Sante Yadav, Both sons of Bochay Yadav, resident of Naya Tola, Agarpur, Police Station-Lodipur, District-Bhagalpur ---- Petitioners Versus STATE OF BIHAR ----------- 02 16-12-2010 Heard Sri Viveka Nand Singh, learned counsel for the petitioners and Sri Hirday Prasad Singh, learned Addl. Public Prosecutor for the State. The petitioners, who are in custody in Sessions Trial No.1088 of 2010 arising out of Lodipur P.S. Case No.19 of 2010 for the offences under Section 307 and other allied Sections of the Indian Penal Code in which Section 302 of the Indian Penal Code was added subsequently, have prayed for grant of bail. Learned counsel for the petitioners submits that there is general and omnibus allegation. In this case, it was alleged that five accused persons including the petitioners had assaulted the husband of the informant by lathi as well as bricks. Subsequently, he was carried to the hospital and after about 13 days he succumbed to the injuries. Learned counsel for the petitioners further submits that prior to the filing of the present F.I.R. by co-accused, namely, Bipin Yadav , F.I.R. was lodged against brothers of the deceased. It was submitted that there was case and counter case. Learned counsel for the petitioners further referred to Annexure-3 to the petition, which is an order dated 25.8.2010 passed in Cr.Misc.No.28549 of 2010, whereby other three accused persons were extended the 2 privilege of bail. In view of the facts and circumstances, particularly the fact that other three accused persons have been granted bail, there is no reason to deny the same relief to the petitioners. Let the petitioners above named be released on bail on furnishing bail bond of Rs.10, 000/- (ten thousand ) each with two sureties of the like amount each to the satisfaction of learned Addl. District & Sessions Judge-4, Bhagalpur in connection with S.T.No.1088 of 2010 arising out of Lodipur P.S.Case No.19 of 2010 with condition that on each and every date both the petitioners shall remain present , failing which their bail bond shall stand automatically cancelled provided that in special exigency on prior permission of the trial court they can remain absence on a particular date. NKS/- ( Rakesh Kumar, J.)