IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41943 of 2009 SARBIN YADAV @ SHRABIN YADAV S/O LATE KAMLESHWARI YADAV Versus STATE OF BIHAR ----------- 2. 4.12.2009 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 27 of the Arms Act. Taking into consideration the fact that the petitioner was seen standing near the place of occurrence and thereafter fleeing away on seeing the informant, but there is no allegation of firing against the present petitioner, let the petitioner above named, who is in custody since 29.7.2009 and has no criminal antecedents, 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 Chief Judicial Magistrate, Munger in Muffasil P.S.case No.180 of 2005, 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 affidavit shall clearly state that the petitioner is not an accused in any other case and if he is he shall not be released on bail and (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 - 2 - 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. Narendra/ ( Anjana Prakash, J. )