IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.10662 of 2010 RAMDHAR YADAV @ RAMADHAR YADAV @ DHARO YADAV @ Dharo son of Late Battan Yadav Versus STATE OF BIHAR ----------- 2/ 12.04.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 364/34 of the Indian Penal Code. From the narrative of the First Information Report, it appears that the informant is not an eye witness to the occurrence and he has instituted the case on hear say. When the co-accused Jyotish Yadav, Diwakar Yadav and Naresh Yadav were put on trial, none of the witnesses supported the case of the prosecution due to which the accused persons were acquitted. In view of such, let the petitioner, above named, who is in custody since 6.10.2009, and presently there is no case pending against the petitioner which fact will be verified by the Magistrate, 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 Sessions Judge-cum- Fast Track Court No. I, Bhagalpur, in connection with S. T. No.1054 of 2009 arising out of Jagdishpur (Goredih) P.S. case no.203 of 2003, 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. 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 - 2 - 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, and (iii)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. JA/- (Anjana Prakash, J.)