IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.38771 of 2009 BINOD SINGH, son of Late Ramautar Singh, resident of village- Bari Pasraha, P.S. Pasraha, District- Khagaria ...Petitioner Versus THE STATE OF BIHAR ...OP ----------- 2/ 07.11.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 302/34 of the Indian Penal Code and section 27 of the Arms Act. Taking into consideration the fact that there is no specific overt act against the petitioner and it has been stated in the first information report itself that the deceased had been charged with the murder of Ashok Singh, the brother of the present petitioner and had been in custody for about nine years and has recently been released on bail and on account of the enmity the petitioner has been named as also the fact that during investigation it transpired that the deceased was murdered by Guddu Singh and the petitioner, in fact, was only in conspiracy, let the petitioner above named 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 the Chief Judicial Magistrate, Khagaria, in connection with Pasraha P.S. Case No. 10 of 2007, subject to the conditions (i) that one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner, and (ii) 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. JA/- (Anjana Prakash, J.)