IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.46498 of 2009 BIKASH YADAV @ BIKASH KUMAR, S/O BRAHMDEO YADAV Versus STATE OF BIHAR **** /3/ 18.02.2010 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Sections 302, 120B and 379 of the Indian Penal Code and 27 of the Arms Act. 3. From the narrative of the first information report it is apparent that the informant himself is not an eye witness to the occurrence and he has learnt about the same from other witnesses. One Satya Narain Mandal has been mentioned as an eye witness who, when examined during investigation, has not taken any names. Certain witnesses have been examined who merely say that the accused persons were seen fleeing away from the place of occurrence. 4. Under the circumstances, let the petitioner, above named, who is in custody since 17.08.2009 and had no motive to commit the crime nor does he has an criminal antecedent be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with Sultanganj P.S. Case No. 115 of 2 2009 to the satisfaction of the Chief Judicial Magistrate, Bhagalpur, on 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 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 to do so on two given dates and delays the trial in any manner then his bail will be liable to be cancelled for reasons of misuse. S.A. (Anjana Prakash, J.)