IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5004 of 2010 SHIVJEE YADAV, S/o Ravinder Yadav @ Bindu Yadav. Versus THE STATE OF BIHAR ----------- 03. 08.04.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution case is that the brother of the informant was killed by Pappu Yadav, Sunil Kumar and unknown persons. The petitioner was arrested in Gopalpur P.S. Case No. 385 of 2007 about three and half months later and is alleged to give a confessional statement in the said case also accepting his complicity in the present case and thereafter there was material collected that the deceased was in fact having illicit relationship with the wife of one Horil Yadav and it is at his instance that the deceased was done to death with the help of the present petitioner. However, all the materials have transpired belatedly. In view of such, let the petitioner above named who is in custody since 18.09.2009 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 - 2 - Chief Judicial Magistrate, Patna in connection with Phulwarisharif (Gopalpur O.P., Ramkrishna Nagar) P.S. Case No. 95 of 2007 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. (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. Vikash/- (Anjana Prakash, J.)