IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39131 of 2009 AKHILESH MISHRA son of Late Sarju Mishra Versus THE STATE OF BIHAR ----------- 2/ 11.11.2009 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 section 27 of the Arms Act. Taking into consideration the fact that that in the first information report four persons were named, whereas, one unknown person was mentioned but specific overt act is against one Indradeo Ram of having caught the deceased and co-accused Upednra Choudhary having fired at him and the petitioner’s name transpired in paragraph 14 and 17 of the case diary through hearsay witnesses, let the petitioner above named, who is in custody since 25.6.2009, 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 Sri N. K. Ram, Judicial Magistrate, Ara, in connection with Udwantnagar P.S. case no. 33 of 2009, 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 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, his bail will be liable to be cancelled for reasons of misuse. JA/- (Anjana Prakash, J.)