IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28857 of 2010 NAGESHWAR YADAV S/O RAM LAKHAN YADAV Versus THE STATE OF BIHAR ----------- 2. 25.08.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 147, 148, 149, 302 of the Indian Penal Code. It has been submitted that even though the petitioner was refused bail by the order dated 30.10.2009 vide Cr.Misc. No. 37306/2009, on the ground that he was the main assailant of the deceased but subsequently during trial, informant was examined, who gave conflicting statements and also that this case has been filed at the instigation of some others and he had not seen anyone committing the murder of his father. Considering the same, 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 or any other surety to be fixed by the court concerned to the satisfaction of 2 Additional Sessions Judge F.T.C. Ist Nalanda at Biharsharif in connection with S.T. No. 573/2008 arising out of Rahui P.S. Case No. 135/2008, subject to the conditions, (i) That one of the bailor will be a close relative of the petitioner and the other bailor shall be the wife 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, (iii) That the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Fahad. ( Anjana Prakash, J. )