IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.36915 of 2009 UDAY YADAV S/O LATE RAJNATH YADAV R/O VILL.- SARARI, P.S. NAUBATPUR, DISTT.- PATNA .. Petitioner Versus THE STATE OF BIHAR .. Opposite Party **** /3/ 04.01.2010 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act. 3. Taking into consideration the fact that there is no eye witness to the occurrence and the entire case is based only on speculation, let the petitioner, above named, who is in custody since 28.01.2009 and has no criminal antecedent 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 Naubatpur P.S. Case No. 105 of 2007 to the satisfaction of Sri V.K. Srivastawa, Judicial Magistrate, 1st Class, Danapur, on 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 affidavit shall clearly state that the 2 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 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.)