IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33766 of 2009 UMESH YADAV, Son of Khikhar Yadav, Resident of Village-Salkhua, Tola Chakla, Police Station-Salkhua, Distt.-Saharsa. Versus THE STATE OF BIHAR ----------- 02. 08.10.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 147, 148, 149, 447, 323, 307, 379 and 504 of the Indian Penal Code. The submission on behalf of the petitioner is that from the First Information Report it is evident that the injured was assaulted by the butt of the pistol and therefore the intention was not to kill and under the circumstances it could not be a case under Section 307 of the Indian Penal Code. Taking into consideration the afore- mentioned submission as also the fact that the petitioner is in custody since 23.07.2009 and has no criminal antecedent, let the petitioner above named 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 Chief Judicial - 2 - Magistrate, Saharsa in connection with Salkhua P.S. Case No. 120 of 2009 subject to the following 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 will not delay the trial and if he fails to do so on two given dates and delays the trial in any manner then his bail will be liable to be cancelled. Vikash/- (Anjana Prakash, J.)