IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2093 of 2010 RAM PRAVESH YADAV, S/o Kuldeep Yadav. Versus THE STATE OF BIHAR ----------- 04. 14.05.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 364, 302, 386 and 120B/34 of the Indian Penal Code, Section 27 of the Arms Act and Section 17 of C.L.A. Act. The prosecution case is that the cousin of the informant had been given some contractual work to fill up earth on the road which was objected to by co- accused, Asharfi Yadav and Uday Yadav. Subsequently two days before the occurrence he had been threatened by a number of accused persons including the petitioner but he escaped. On the date of occurrence the deceased left on a motorcycle along with one Nand Kishore Yadav and the petitioner was also seen along with the other co-accused persons going in the same direction on their motorcycles. Subsequently the cousin and nephew of the informant were found dead. It was suspected by the informant that they had been killed by the accused 2 persons in collusion with others in pursuance to a conspiracy hatched between them. Evidently the informant is not an eye-witness but later an eye- witness account in paragraph 12 of the case diary was given stating therein that one Ram Pravesh Yadav was one of the two assailants of one of the deceased. However he did not clarify as to which Ram Pravesh Yadav it was since there are two Ram Pravesh Yadavs in the present case. In view of such, let the petitioner, above named who is in custody since 11.11.2008 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 Sessions Judge, F.T.C.-III, Aurangabad in connection with S.Tr. No. 08 of 2009 arising out of Kashma P.S. Case No. 50 of 2008 subject to the following 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 and the other bailor shall be the wife of the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the 3 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. (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. In case there is any complaint against the petitioner of having indulged in influencing the witnesses or misusing the privilege of bail in any manner, immediate steps shall be taken for initiation of a proceeding for cancellation of bail. Vikash/- (Anjana Prakash, J.)