IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11120 of 2010 KRISHNANDAN YADAV SON OF LATE YADUNANDAN YADAV Versus THE STATE OF BIHAR ----------- 3. 21.6.2010 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 27 of the Arms Act. The petitioner was refused bail earlier by an order dated 18.8.2009 vide Cr.Misc.No.7709 of 2009. However, the petitioner has renewed his prayer for bail on account of the fact that he is in custody since 12.9.2008 and being behind the bar he is unable to do proper pairvi in the case and not being able to engage a lawyer for his defence, which fact is borne out even from the trial court’s report. It has been submitted that even though in the first information report the allegation against two persons including the petitioner is of having fired at the deceased, but during investigation several witnesses stated that it was only Balli Yadav, who had fired at the deceased. Considering that the petitioner is in custody since 12.9.2008 and no satisfactory progress is being made during trial, let the petitioner above named 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 Additional District and Sessions Judge, F.T.C.V, Patna in Sessions Trial No.260 of 2009 arising out - 2 - of Dhanarua P.S.case No.189 of 2004, 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. The bailor will undertake to furnish information to the court about any change in the address of 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 be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Narendra/ ( Anjana Prakash, J. )