IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.7889 of 2009 DAROGI YADAV Versus STATE OF BIHAR ----------- 3/ 08.07.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 302/34 of the Indian Penal Code and section 27 of the Arms Act. No doubt, the allegation against the petitioner is that he fired at the deceased due to which he died and the prayer for bail of the petitioner was earlier rejected on two occasions, but taking into consideration the fact that the petitioner has remained in custody since 23.6.2005 and the report of the trial court shows that no witnesses has been examined after 12.11.2008 and the prosecution is taking no steps in this regard, the petitioner above named is directed to 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 Ist Additional Sessions Judge, Jamui, in connection with S. Tr. no. 817 of 2004 arising out of Sono P.S. case no.103 of 2003, on the following conditions (a) that the brother of the petitioner will be one of the bailors of the petitioner (b) that the petitioner will not absent himself from the trial on two consecutive dates without reasonable cause and (c) if any complaint is made against him of tampering with the evidence, he will be liable for cancellation of bail for the reasons of misuse of bail. JA/- (Anjana Prakash, J.)