IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37241 of 2009 BUDHI NATH YADAV SON OF LATE MUNAR YADAV RESIDENT OF VILLAGE BALU TOLA, KARARI TINTANGA, P.S. GOPALPUR, DISTT. BHAGALPUR. ------- PETITIONER. Versus STATE OF BIHAR ----------- 2. 9/11/2009 Heard learned counsel for the petitioner and learned counsel for the State. The case is under Section 302 read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act. Though the petitioner is named in the F.I.R. but no overt act has been alleged against him. The two accused who have fired upon the deceased and one who has assaulted the deceased on his head by sharp cutting weapon (Kulhari) has been specifically named. Petitioner is in custody since 25.7.2009. Considering the above facts and circumstances, this application is allowed. Let petitioner Budhi Nath Yadav, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judeicial Magistrate, Naugachia, Distt. Bhagalpur, in connection with Gopalpur P.S. Case No. 376 of 2008 corresponding to G.R. No. 1431 of 2008 with conditions as laid down in sub-section (3) of 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 2 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. S.Ali (J.N. Singh, J.)