IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16148 of 2010 JAI HIND YADAV SON OF SRI RAM DEB YADAV Versus STATE OF BIHAR ----------- 2. 17.5.2010 Learned Counsel for the petitioner is permitted to make correction in the prayer portion of the petition in course of the day. Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302 and 328/34 of the Indian Penal Code. The prosecution case is that the brother of the informant was unconscious and stated that he had been given poisonous liquor by co-accused Ramdeo Yadav. It was further alleged that there was some kind of dispute with regard to the purchase of certain piece of land between the deceased and the accused persons and, therefore, this occurrence had taken place. In view of the fact that the postmortem report does not conclusively give any opinion with regard to the cause of death, let the petitioner above named, who is in custody since 11.1.2010 and there is only one other case pending against the petitioner, which fact will be verified by the Magistrate concerned before releasing the petitioner on bail, 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 1st Additional Sessions Judge, Hilsa, District Nalanda in S.Tr.No.216 of 2010 arising out of Chandi P.S.case No.112 of 2009, subject to the conditions (i) That one of the bailors will be a close relative of the petitioner who will give an - 2 - 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 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. Narendra/ ( Anjana Prakash, J. )