IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41105 of 2009 UPENDRA YADAV Son of Kusheshwar Yadav Petitioner Versus STATE OF BIHAR Opp. Party ----------- 02 02.12.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 302, 307,325,504 and other allied sections of the Indian Penal Code. Taking into consideration the facts that the petitioner is said to have assaulted with spear but the injury sustained by the deceased is on account of it is non-vital part of the body, let the petitioner who is in custody since 20.10.2009 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 the Chief Judicial Magistrate, Darbhanga in Kamtaul P.S. Case no. 132 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 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 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 (iii) 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. shahid (Anjana Prakash, J)