IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.17700 of 2009 KAPILDEO YADAV, son of Late Jhaksu Yadav, resident of village- Baijanathpur, P.S.- Sabour, District- Bhagalpur. …Petitioner Versus STATE OF BIHAR … OP ----------- 3/ 19.08.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 307, 326/34 of the Indian Penal Code and section 27 of the Arms Act. Taking into consideration the fact that the petitioner fired after the altercation with the informant but did not repeat the same and the fact that he has remained in custody since 14.9.2008, let the petitioner above named be released on bail on furnishing bail bond of Rs. 5,000/- with two sureties of the like amount each to the satisfaction of Additional District Judge, (FTC 3), Bhagalpur, in connection with S.T. No.157 of 2009/ Tr. No.11 of 2009 arising out of Sabour P.S. case no.324 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, (iii) 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 (iv) 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.)