IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.37463 of 2009 SHYAM LAL YADAV son of Najo Yadav Versus STATE OF BIHAR ----------- 3/ 16.02.2010 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. Taking into consideration the fact that even though in the First Information Report it has been stated by the informant that it is the petitioner who fired at the deceased but in the further statement she did not specifically state about the present petitioner nor did the son of the deceased attribute any specific overt act against him, let the petitioner, above named, who is in custody since 2.4.2009 and has no criminal antecedent, 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 the Additional Chief Judicial Magistrate, Naugachhia, in connection with Gopalpur P.S. case no.308 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, (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. JA/- (Anjana Prakash, J.)