IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33597 of 2009 NATHUNI YADAV SON OF DOWRIK YADAV, RESIDENT OF VILLAGE KABILASA, P.S. LADANIA, DISTRICT MADHUBANI …. PETITIONER Versus STATE OF BIHAR ----------- 2. 17.9.2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 364, 302 and 201/34 of the Indian Penal Code. Taking into consideration the fact that the petitioner is not named in the first information report and the submission that subsequently the only material transpired against the petitioner is that he was last seen with the deceased as also the fact that other co-accused persons have been released on bail vide Annexure-4 by an order dated 1.9.2009 passed in Cr.Misc.No.19247 of 2009, let the petitioner above named, who has no criminal antecedent, 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, Madhubani in connection with Ladania P.S.case No.92 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 giving genealogy as to how he is related with the petitioner, (ii) that the affidavit shall clearly state that the petitioner is not an - 2 - 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 will not delay the trial. Narendra/ ( Anjana Prakash, J. )