IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3256 of 2010 RAJA YADAV ALIAS LALMAN YADAV SON OF SIYA RAM YADAV Versus THE STATE OF BIHAR ----------- 2. 9.2.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302 and 201/34 of the Indian Penal Code. Taking into consideration the fact that there is no eye witness to the occurrence and the only circumstance that has emerged against the petitioner is that a towel, which was found near the dead body, was suspected to be that of the present petitioner, but there is no motive to the occurrence, let the petitioner above named, who is in custody since 4.11.2009 and has no criminal antecedents, 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 Additional Chief Judicial Magistrate, Rosera (Samastipur) in Singhia P.S.case No.63 of 2009 (G.R.No.600 of 2009), 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 - 2 - so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. Narendra/ ( Anjana Prakash, J. )