IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5468 of 2009 BRAJESH KUMAR @ BRAJESH KUMAR YADAV, Son of Nahush Yadav, resident of Village- Shankarpur, P.S.- Muffasil, District- Munger :-- Petitioner. Versus STATE OF BIHAR:----Opposite Party ----------- 04. 10.07.2009. Heard learned counsel for the petitioner and the State. Petitioner is apprehending his arrest in connection with a case registered for the offence under Section 302 and other allied Sections of the Penal Code. It is submitted on his behalf that he is named in the First Information Report but close perusal thereof would indicate that Subhash Yadav had shot at the deceased. Petitioner and four others although named in the First Information Report are not alleged to have committed any overt act. Let the petitioner Brajesh Kumar @ Brajesh Kumar Yadav surrender in the court below within a period of four weeks from today and if the court below is satisfied that from close perusal of the First Information Report it does not appear that petitioner has committed any overt act and has also passed Intermediate examination in Ist Division, he be admitted to the privilege of bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Munger in connection with Mufassil P.S.Case No. 211 of 2008, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. If any of the aforesaid two fact is not correct then this order need not be given effect to and appropriate orders in accordance with law be passed. Let this order be communicated to the court below through fax on payment of usual charges by the petitioner. P.K.P. (V.N.Sinha,J.)