IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45307 of 2009 Mahesh Yadav, son of Late Ram Bahadur Yadav, resident of Mohalla Laldarwaza, P.S. Kotwali, District- Munger ……………. Petitioner Versus The State Of Bihar ……… Opp.Party ----------- 3. 26/02/2010 Heard learned counsel for the petitioner and learned counsel for the State. Case is under section 302 read with 34 of the Indian Penal Code and 27 Arms Act. It is submitted that the informant is not the eye witness and he lodged the case on information being received from his wife. Case diary was called for and learned counsel for the State submits that in the case diary eye witnesses have attributed the role to the petitioner of an order giver only. Petitioner is in jail since 14.9.2009 and it is said that he has no criminal antecedents. Considering the above submissions of learned counsels, this application is allowed. Let petitioner be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Munger in Kotwali P.S.Case No.355 of 2009 with conditions as laid down in Sub-Section (3) of - 2 - Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioner. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest. Pradeep/ (J. N. Singh, J.)