IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30760 of 2009 INDESHWARI YADAV @ INDESHWARI PRASAD YADAV @ CHANDESHWARI YADAV, SON OF BHUJANGI YADAV, RESIDENT OF VILL-KOLHAIPATTI, P.S. MURLIGANJ, DISTRICT MADHEPURA …. PETITIONER Versus THE STATE OF BIHAR …. O.P ----------- 2. 27.8.2009 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. It has been submitted that in the first information report there is a general allegation against nine persons of having assaulted the deceased but thereafter during investigation the specific overt-act was alleged against one Bhawesh Yadav and Amardeep Yadav and not the petitioner. It has also been submitted that in paragraph 16 of the case diary it has transpired that when the police came to the village after the report of the murder, no one disclosed the names of any accused persons and it is only the next day the present case with names have been disclosed on account of previous enmity, which is pending since the year 1996. Under the circumstances, let the petitioner above named, who has no criminal antecedent and is in custody since 29.6.2009, 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 Chief Judicial Magistrate, 2 Madhepura in connection with Murliganj P.S.case No.18 of 2006, 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 will not delay the trial. Narendra/ ( Anjana Prakash, J. )