IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.45815 of 2009 BIJOY YADAV son of Ghani Yadav Versus STATE OF BIHAR ----------- 2/ 11.01.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 302 and other allied sections of the Indian Penal Code. Taking into consideration the fact that in the first information report the allegation of firing is assigned to co-accused Gultain Mandal, with whom the deceased had land dispute, and Sunil Yadav, whereas the allegation against the petitioner and others is of generally firing at the door and the petitioner has no criminal antecedent, let the petitioner, above named, who is in custody since 9.9.2009, 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 the Additional Chief Judicial Magistrate, Naugachhiya, Bhagalpur, in connection with Kharik P.S. case no.141 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, (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 and if he fails to do so on two given dates and delays the trial in any manner, his bail will be - 2 - liable to be cancelled for reasons of misuse and (iv) that the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. The Magistrate before releasing the petitioner will verify this fact that the petitioner is not accused in any other case besides the present one and if he is, he shall not be granted bail. JA/- (Anjana Prakash, J.)