IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20736 of 2010 BIRJA YADAV SON OF LATE MOTI LAL YADAV Versus THE STATE OF BIHAR ----- 2. 17.6.2010 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. Considering that there is no specific overt-act against the petitioner and the allegation of firing is attributed to co- accused Sujit Yadav, let the petitioner, named above, who has no criminal antecedents, be released on bail on furnishing bail bonds of Rs. 5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of Railway Judicial Magistrate, Gaya in Sone Nagar Railway P.S.case No.1 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. The bailors will undertake to furnish information to the court about any change in the address of 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 the 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 liable to be - 2 - 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. Narendra/ ( Anjana Prakash, J. )