IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10294 of 2010 JAWAHAR YADAV SON OF LATE SITAL YADAV Versus THE STATE OF BIHAR ----------- 2. 1.4.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 302 of the Indian Penal Code and 27 of the Arms Act. The occurrence is said to have taken place at 2.30 A.M. in the night between 18/19-12-2009 when the deceased was sleeping outside. It has been alleged in the first information report that the informant rushed outside on sound of fire arm and saw the petitioner fleeing away from the place of occurrence. There is no eye witness to the actual occurrence of murder nor does the petitioner have any criminal antecedents. In view of such, let the petitioner above named, who is in custody since 7.1.2010, 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 C.J.M., Siwan in Ander P.S.case No.106 of 2009, subject to 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 - 2 - for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. Narendra/ ( Anjana Prakash, J. )