IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17040 of 2010 MITHILESH YADAV SON OF RAMAUTAR YADAV, R/O VILLAGE- SANDOHRA, P.S.- NARDIGANJ, DISTRICT- NAWADAH ……...Petitioner Versus STATE OF BIHAR ………….Opposite Party ----------- 2 17/05/2010 Heard Mr. Ram Prasad Singh learned counsel for the petitioner and learned APP for the State. The petitioner is one of the eight named accused of the case registered under Section 307 and some other Sections of the Indian Penal Code on 12.11.2009 with regard an occurrence of the previous date. After death of the injured Section 302 of the Indian Penal Code was added vide order dated 17.12.2009. There was allegation of assault upon the informant’s grand father against this petitioner and others. Allegation of giving khanti blow upon the head of the person who later on died was against Deban Yadav. Allegation against the petitioner was of causing injury on the hand. Learned counsel for the petitioner submits that in course of post mortem it was found that the death was not on account of hand injury which was attributed to the petitioner rather it was on account of head injury which is attributed to another accused. Considering the 2 above facts other similarly situated Satyendra Yadav, Ramautar Yadav and Pragash Yadav have been admitted to bail by the different orders of this Court. Considering the facts and circumstances of the case, the petitioner above named is directed to be released on furnishing of bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M./concerned Court, Nawada in connection with Nardiganj P.S. Case No. 78 of 2009 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. 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, (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 3 dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. avin (Shyam Kishore Sharma, J.)