IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34245 of 2009 MOHIT YADAV SON OF LATE LALMUNI YADAV Versus STATE OF BIHAR ----------- 3. 16.12.2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 406, 307, 326/34, 302 of the Indian Penal Code and 27 of the Arms Act. It has been submitted that there is no doubt that in the first information report Hirday Yadav and Mohit Yadav (petitioner) are said to have fired at the deceased but in the fard beyan instituted by the wife of the deceased also an eye-witness she has stated that it is Hirday Yadav and Baiju Yadav, who had fired at the deceased. It has further been submitted that from the postmortem report it is evident that there is only one fire arm injury but it is not specifically attributable to either of them. Moreover the dispute was between co-accused Hirday Yadav and the deceased and the petitioner had no concern with the same. Under the circumstances, et the petitioner above named, who is in custody since 8.4.2009, be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Jehanabad in Makhdumpur P.S.case No.173 of 2008, subject to the conditions (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit genealogy as to how he is related with the petitioner, (ii) that the bailor shall also state on affidavit that he will - 2 - inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse, (iii) that the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse and (iv) that the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Narendra/ ( Anjana Prakash, J. )