IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15306 of 2009 RAM BABU YADAV SON OF SRI YOGESHWAR YADAV, RESIDENT OF VILLAGE PURVI ENGLISH, POLICE STATION IMADPUR, DISTRICT BHOJPUR ….. PETITIONER Versus THE STATE OF BIHAR ----------- 3. 5.10.2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 302/34 of the Indian Penal Code and 27 of the Arms Act. The submission is that the petitioner is not named in the first information report and it is only after the confessional statement of the co-accused was recorded in which the petitioner was also implicated that the statements of the family members of the deceased were recorded in which they alleged that the petitioner used to demand his share from the money earned by the deceased in the contract for lifting sand, but there is no direct allegation against the petitioner. Let the petitioner above named, who is in custody since 25.6.2008 and has no criminal antecedent, be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Rohtas at Sasaram in Karakat (Kachhawa) P.S.case No.76 of 2007, subject to the conditions (i) that one of the bailors will be a close relative of the petitioner - 2 - 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 will not delay the trial. Narendra/ ( Anjana Prakash, J. )