IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1817 of 2009 UMESH YADAV Son of Sri Chandrika Yadav, Resident of Village- Babu Parsauni, Tola- Manjharia, P.s.- Bathwaria, District- West Champaran ---------------Petitioner Versus STATE OF BIHAR --------------Opposite Party ----------- 3. 26.8.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 364(A) of the Indian Penal Code. The submission of the learned counsel is that the petitioner was not named in the First Informant Report and subsequently the name of Umesh Yadav son of Sri Chandrika Yadav, resident of Village- Paroharan P.S.- Lauria, District- West Champaran has transpired but later on in Paragraph 76 of the case diary the investigation after 1 ½ years took ‘U’ turn whereas the statement of some of the villagers of Paroharan was recorded saying that Umesh Yadav s/o Chandrika Yadav resident of village Parorahan was not involved but the present petitioner Umesh Yadav s/o Chandrika Yadav R/o Babu Parsauni P.S. Bathwaria, District- West Champaran who belongs to a criminal group is the real person involved. It has also been submitted that the petitioner has no criminal antecedent and is not the same Umesh Yadav of village Parorhan. The learned Magistrate is also directed to make an enquiry in the matter of identity by calling for the electoral roll and verify the same and if he finds that the present petitioner is not registered as the resident of village Parorahan then the petitioner above named will be - 2 - released on bail on furnishing bail bond of Rs. 5000/- (five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah, West Champaran in connection with Lauriya P.S. Case No. 123/2000, 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 which fact will be duly verified and if he is an accused in any other case he shall not be released on bail and (iii) that the petitioner will give an undertaking that he will receive the police paper on the given date and will not delay the trial. P. Kumar (Anjana Prakash, J.)