IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38921 of 2009 MAHENDRA YADAV SON OF SRI BHOLI YADAV Versus STATE OF BIHAR ----------- 3. 16.12.2009 Heard learned Counsel for the petitioner, the State and the informant. The petitioner seeks bail in a case instituted for the offence under Section 302 of the Indian Penal Code. It has been submitted that the petitioner is not named in the first information report for the murder of the deceased Achchelal Yadav. Three days later one Budhan Manjhi gave statement u/s.164 Cr.P.C.,who was also mentioned in the first information report as having accompanied the deceased on the fateful day and he stated that he was an eye-witness to the murder of Achchelal Yadav by the petitioner and he had narrated the entire story to the informant and the police. However in the first information report there is no mention of the eye-witness account nor has any accused been named therein. Taking into consideration the aforementioned facts, let the petitioner above named, who is in custody since 7.7.2009 and has no criminal antecedents, 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 Chief Judicial Magistrate, Arrah in Sandesh P.S.case No.80 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 genealogy as to how he is related with the - 2 - 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 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. Narendra/ ( Anjana Prakash, J. )