IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4331 of 2010 JAY JAY RAM YADAV SON OF RAM BAHADUR YADAV Versus STATE OF BIHAR ----------- 2. 16.2.2010 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. Taking into consideration the fact that the petitioner is not named in the first information report and his name transpired subsequently during investigation and the dispute over cutting of kass was between the deceased and the co-accused Subhash Mian with which the petitioner had no concern, let the petitioner above named, who is in custody since 17.11.2009.2009, 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 A.D.J. Ist, Saharsa in Sessions Case No.100 of 2002 arising out of Mahishi P.S.case No.60 of 2001, 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 for charge - 2 - 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. )