IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2210 of 2010 YOGENDRA YADAV @ YOGI YADAV, S/o Prayag Yadav. Versus THE STATE OF BIHAR ----------- 03. 11.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 302 of the Indian Penal Code. The First Information Report has been instituted against unknown miscreants and thereafter an eye-witness, Budhan Rawani deposed that the petitioner and two other persons were involved in the occurrence. Thereafter the said Budhan Rawani gave statement under Section 164 Cr.P.C. that the petitioner was also present when co- accused, Mahendra Yadav shot at the deceased. He does not allege any specific overt act against the petitioner and the deceased died on account of one fire arm injury. Under the circumstances, let the petitioner above named who is in custody since 06.07.2009 and has no criminal antecedent be released on bail on furnishing bail bond of Rs. - 2 - 5,000/- (Five Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur at Ara in connection with Sandesh P.S. Case No. 80 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 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 liable to be cancelled for reasons of misuse. Vikash/- (Anjana Prakash, J.)