IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5355 of 2010 AJAY YADAV,son of Indu Bhushan Prasad Versus STATE OF BIHAR ----------- 02/ 23-02-2010 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, Section 27 of the Arms Act and Section 17 of the C.L.A. Act. Taking into consideration the fact that assailant of the deceased is co-accused Madan Prasad and there is no specific overt act against the petitioner, who is in custody since 21-08- 2006, let the above named petitioner be released on bail on furnishing bail bond of Rs.5,000/-(rupees five thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-VII, Patna in connection with S.T.No.1793 of 2007, arising out of Mashaurhi P.S.Case No.166/2004, subject to the conditions (a) 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, (c) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse and (e) that the petitioner will be well represented on each date and if he fails to 2 do so on two consecutive dates, his bail will be liable to be cancelled. AH/ ( Anjana Prakash, J. )