IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26990 of 2008 SURESH YADAV @ BUCHALI YADAV SON OF BABAN YADAV RESIDENT OF VILLAGE KACHWANIA,P.S.JAGDISHPUR,DISTT.BHOJPUR Versus STATE OF BIHAR ----------- 8/ 5.5.2009 Heard learned counsel for the parties. The petitioner seeks bail in a case which has been registered for offences under Section 302/34 of the Indian Penal Code and 27 of the Arms Act. Called for report has been received. From the report it appears that five prosecution witnesses including the informant have been examined but one non- official witness, doctor and I.O. are yet to be examined. Earlier the prayer for bail of the petitioner was rejected twice. Submission is that there is no explanation as to why the petitioner was not named in the first information report. His name, for the first time, has come in the statements of four witnesses recorded under Section 164 of the Code of Criminal Procedure. Co-accused Baban Yadav has been granted bail by a Bench of this Court. Considering the report and in the facts and circumstances of the case, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate/concerned court, Bhojpur at Arrah in Jagdishpur P.s.Case No. 126 of 2004. Tahir/- ( Shyam Kishore Sharma, J.)