IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25480 of 2011 Balgovind Yadav s/o late Guneshwar Yadav Versus The State Of Bihar ----------- 3. 11.8.2011 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 302/34 of the Indian Penal Code. The petitioner was refused bail by orders dated 3.12.2009 and 19.7.2010 since he had actively participated in the murder of the deceased. The petitioner has renewed his prayer for bail since he is in custody since 19.8.2009 and a fresh ground is that the petitioner is aged about more than 90 years. Considering the same, let the Trial Court direct production of the petitioner before itself and if it is satisfied that the petitioner is a person of well advanced age, the petitioner, above named, be released on bail on furnishing bail bond of Rs. 5,000/-(Five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of learned Additional Sessions Judge, F.T.C. 1st, Supaul in connection with S.T.No.231 of 2010 arising out of Triveniganj P.S. Case No. 70 of 2002, subject to the conditions (i) That one of the bailor 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 - 2 - bailor will undertake to furnish information to the Court about any change in address of 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, (iii) 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 ground of misuse, (iv) That the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Narendra/ ( Anjana Prakash, J. )