IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44668 of 2009 UMA SHANKAR RAI @ HAPPU @ UMA SHANKAR YADAV Versus STATE OF BIHAR ----------- 3 26.02.2010 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Learned counsel for the petitioner is permitted to make appropriate corrections in the prayer portion of the bail application. Petitioner has been made accused in connection with Fatuha P.S. Case No. 194/09 (G.R. No. 1163 of 2009) (S. Tr. No. 1482/09) for the offences punishable under Sections 143, 342, 328, 307 and later on added Section 302 of the Indian Penal Code. The prosecution case in brief is that while the informant and the deceased Vakil Rai, were attending a marriage ceremony, the accused persons including the present petitioner asked them to accompany and when they reached near the saw mill, it is alleged that all the accused persons caught hold of Vakil Rai and started strangulating him. It is thereafter alleged that when the informant tried to escape - 2 - then he was chased by the present petitioner and one Mangal Rai. On the following morning the deceased Vakil Rai was found in a semi conscious condition and he was referred for treatment to P.M.C.H., where he succumbed to his injuries during the course of treatment. Learned counsel submits that in the entire F.I.R. there is no specific allegation against the petitioner except being member of the unlawful assembly. He further submits that the informant himself has stated that while others were trying to strangulate Vakil Rai this petitioner tried to apprehend the informant while he tried to run away. Learned counsel thus submits that this shows that the petitioner was not one of the members who were trying to strangulate the deceased. He further submits that the incident did not stop there and subsequently the members of the prosecution party attacked and which resulted in the death of the uncle of the petitioner and the petitioner himself is in injured condition at P.M.C.H. The petitioner is said to be in custody since 10.6.2009. Having regard to the facts and - 3 - circumstances of the case, let the petitioner, Uma Shankar Rai @ Happu @ Uma shankar 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 Additional District Judge-III, Patna in connection with Fatuha P.S. Case No. 194/09 (G.R. No. 1163 of 2009)(S.Tr. No. 1482/09) subject to the condition that the petitioner would be attending the court below on each and every date fixed and the 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 proceeding for cancellation of his bail bond and for taking him into custody. Bibhash (Jyoti Saran, J. )