IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.42570 of 2009 SUBHASH YADAV, S/O LATE PULKIT YADAV Versus STATE OF BIHAR **** /3/ 29.01.2010 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Sections 302/34 of the Indian Penal Code and 26 and 27 of the Arms Act. 3. Taking into consideration the fact that the only material that has transpired against the petitioner during investigation after eleven days is that the petitioner along with other co-accused persons was seen fleeing away from the place of occurrence, but, there is no explanation as to why this disclosure was not made at an earlier point of time, let the petitioner, above named, who is in custody since 16.01.2009 and whose antecedent has been satisfactorily explained be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with Gopalpur P.S. Case No. 328 of 2008 to the satisfaction of the Additional Chief Judicial Magistrate, Naugachia, on the conditions (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit giving 2 genealogy as to how he is related with the petitioner, (ii) 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 (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 then his bail will be liable to be cancelled for reasons of misuse. S.A. (Anjana Prakash, J.)