IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28973 of 2009 BHARAT YADAV, Son of Ramakant Yadav, Resident of Village-Maniray Ke Tola, Police Station-Ara Mufassil, District-Bhojpur. Versus THE STATE OF BIHAR ----------- 03. 26.10.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 147, 148, 149, 323, 341, 307 and 302 of the Indian Penal Code. Taking into consideration the fact that the allegation against the petitioner is of having assaulted the deceased with lathi but the cause of death is fire arm injury which is against the co-accused, Santosh Yadav, Manish Yadav and Jeetan Singh and not against the petitioner, 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 Chief Judicial Magistrate, Bhojpur, Arrah in connection with Ara Mufassil P.S. Case No. 248 of 2008 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an - 2 - 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 accused in any other case and if he is he shall not be released on bail. (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 and if he fails to do so on two given dates and delays the trial in any manner then his bail will be liable to be cancelled. Vikash/- (Anjana Prakash, J.)