IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24707 of 2010 AMAR NATH SINGH YADAV @ AMAR SINGH YADAV SON OF RANJEET SINGH YADAV Versus STATE OF BIHAR ----------- 2. 22.7.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302, 201/34 of the Indian Penal Code and 27 of the Arms Act. The present first information report was instituted when the dead bodies of two unknown persons were recovered near the bank of a river. During investigation one of the dead bodies was identified to be that of one Ram Nawal Singh whereas the other was of his friend. It further transpired that in fact one Bittu Choubey had developed illicit relationship with the daughter of the deceased Ram Nawal Singh which was not liked by him and, therefore, a conspiracy was hatched by Bittu Choubey and Sonu Khan and the petitioner and then two deceased were done to death. Considering that there is no eye witness to the occurrence and the petitioner had clean antecedents before institution of the present case, let the petitioner above named, who is in custody since 27.5.2010, 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, Kaimur at Bhabhua in Ramgarh (Nuaon) P.S.case No.57 of 2009, subject to the conditions (i) That one of the bailors shall be the - 2 - brother/father of the petitioner and the second bailor shall be local since the petitioner belongs to Gajeepur district (State U.P.). The bailor will undertake to furnish information to the court about any change in the address of the petitioner, (ii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse, (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 and (iv) 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. The fact that there is only one other case of Arms Act instituted after the present case will be verified by the Magistrate concerned before releasing the petitioner on bail. Narendra/ ( Anjana Prakash, J. )