IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34766 of 2009 AJAY YADAV, Son of Ajoda Yadav, Resident of Village- Charsapatti, P.S.-Dharhara (Hemjapur), District-Munger. Versus THE STATE OF BIHAR ----------- 02. 14.10.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 302/34of the Indian Penal Code. Taking into consideration the fact that the petitioner is merely a member of the mob and the specific overt act is initially in the First Information Report against Haro Yadav and thereafter in the further statement against Ranjo Yadav and Rahul Yadav and not the present petitioner and only five arm injuries were found which were attributable to the other co-accused persons, let the petitioner above named who is in custody since 14.01.2009 and has no criminal antecedent 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 3rd Additional District & Sessions Judge, Munger in connection with Ramnagar P.S. - 2 - Case No. 185 of 2008 (Session Case No. 469 of 2009) subject to the following 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. (iii) That the petitioner will give an undertaking that he will receive the police papers and appear for charge 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.)