IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.32116 OF 2010 BIJO YADAV @ VIJAY YADAV VERSUS STATE OF BIHAR ******* 2 08/09/2010 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioner is in custody in a case under Section 302 of the Indian Penal Code wherein it is alleged that a mob came to the place of occurrence and fired on the deceased, causing his death. This Court had earlier rejected the bail application on the ground that there were five injuries on the person of the deceased. Learned Counsel for the petitioner submits that all the witnesses except the Investigating Officer and the Doctor have been examined in this Case. The informant who is the eye-witness to the occurrence does not support the allegations as contained in the First Information Report and he has been declared hostile. PW 3, one of the witness, has named the petitioner as the assailant of the deceased. Counsel for the petitioner submits that the said PW 3 is not the First Information Report witness and the statement before the Court, claiming to be eye-witness is at a bilated stage. - 2 - Be that as it may, the above named petitioner is directed to be released on bail in Gopalpur Police Station Case No. 176 of 2006 (Sessions Trial No. 517 of 2007) on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the 1st Additional Sessions Judge, Naugachai, Bhagalpur subject to the following conditions. (i) One of the bailors must be closely related to the petitioner; (ii) The attested copies of the photographs of the bailors should be affixed on the bail bonds; & (iii) The petitioner must present himself before the Trial Court on each and every date fixed in the trial and his absence without cause, even for a single date, will result in the cancellation of his bail bonds. Anand ( Sheema Ali Khan, J. )