IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37625 of 2009 RAM SWARUP YADAV, Son of Late Bharoshi Yadav, R/o Kaira Koda, P.s. Gidhaur, (Laxmipur), District Jamui ……. Petitioner Versus STATE OF BIHAR ….. Opposite Party ----------- For the Petitioner : Mr. Ambika Bhagat, Advocate For the State : Mr. U.S.P.Singh, A.P.P. 3 29.03.2010 Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks bail in a case registered under Sections 302, 120B/34 of the Indian Penal Code. It is submitted on behalf of the petitioner that he has been named in the first information report only on the basis of suspicion that he had gone to the concerned village along with the deceased. It has further contended that it has come during the course of investigation that the deceased was killed by the villagers. However, it is alleged that the petitioner at that time fled away. Some of the witnesses have stated that the petitioner is one of the conspirators in killing the deceased. However, there is no direct or indirect evidence against the petitioner. It is further submitted that the deceased himself was a veteran criminal and - 2 - he was accused in a murder case, wherein brother-in- law of one of the co-accused Kapildeo was killed. Petitioner is stated to be in custody since 24.8.2009. In the facts and the circumstances of the case, the petitioner, RAM SWARUP YADAV, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jamui in connection with Khaira P.S. Case No. 37 of 2003, with a further condition that one of the bailors of the petitioner must be a close relative or family member of the petitioner, who shall file affidavit before the concerned court giving complete genealogy to show his or her relationship with the petitioner. Spd/- (Dr. Ravi Ranjan, J.)