IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.21040 of 2009 BIBHAS YADAV @ BIHRA YADAV @ BIRHA, son of late Pulkit Yadav, resident of village- Latra, P.S. Gopalpur, District- Bhagalpur. … Petitioner Versus STATE OF BIHAR … OP ----------- 3/ 16.09.2009 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 and sections 25(1-B)/A/26/27 of the Arms Act. Taking into consideration the fact that there is no eye witness to the occurrence and there is only suspicion against the petitioner that he along with others were seen running from the place of occurrence with pistols,whereas, the postmortem report reveals only one fire arm injury as also the fact that the petitioner has no criminal antecedent, let the petitioner above named, who is in custody since 30.3.2009, 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 Additional Chief Judicial Magistrate, Naugachia, in connection with Gopalpur P.S. case no.328 of 2008, subject to the 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, and (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. JA/- (Anjana Prakash, J.)