IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12236 of 2010 MANOJ KUMAR YADAV SON OF NANDI YADAV @ RAMANAND YADAV Versus STATE OF BIHAR ----------- 4. 23.6.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302 and 364/34 of the Indian Penal Code. The informant in his written statement has stated that he was deputed to trace out the deceased Prabhu Narain Jha, who was a veteran criminal and had escaped from judicial custody, in course of which he learnt that the deceased was being brought by the petitioner towards Samastipur on a Bolero car. When the car was intercepted and the petitioner was arrested, he disclosed that the deceased had earlier killed the petitioner’s uncle, on account of which he had been nabbed by them and variously assaulted, due to which he lost his life. The submission is that the entire case is based on the narrative of the petitioner himself while in police custody and there is no cogent material in support of the same. The further submission is that the petitioner has no criminal antecedents and is in custody since 30.11.2009. In view of such, let 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 to the satisfaction of Chief Judicial Magistrate, Samastipur in Samastipur (Town) P.S.case No.732 of 2009, subject to the conditions (i) That - 2 - 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 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 the ground of misuse and (iv) 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. Narendra/ ( Anjana Prakash, J. )