IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27419 of 2009 BRAJMOHAN MUKHIYA, S/o Ramprasad Mukhiya. Versus THE STATE OF BIHAR ----------- 03. 04.01.2010 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. It has been submitted that the petitioner is not named in the First Information Report which was instituted against unknown and thereafter during investigation one of the co-accused Yuvraj Singh merely stated that the petitioner was also lodged in the same room where other co-accused, Rajeev was there and thereafter in the confessional statement of Rajeev there is no involvement of the petitioner mentioned therein. Taking into consideration the above- mentioned facts as also that the petitioner 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 - 2 - amount each to the satisfaction of 5th Additional District and Sessions Judge, Muzaffarpur in connection with Ahiyapur P.S. Case No. 44 of 2008 (S.Tr. No. 506 of 2008) 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.)