IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24828 of 2010 BRAHAMDEO YADAV ALIAS MUSHARU YADAV SON OF LATE BABUJI YADAV Versus STATE OF BIHAR ----------- 2. 23.7.2010 Heard learned Counsel for the petitioner, the State and the informant. The petitioner seeks bail in a case instituted for the offence under Section 302 of the Indian Penal Code. It has been submitted that the informant himself is not an eye witness and a suspicion has been raised against the accused persons of having killed his son. However there are documents to show that there was previous animosity between the parties and a number of cases were filed by the petitioner against the informant and the deceased was an accused in a case instituted u/s.376 I.P.C. During investigation it transpired that the deceased had been done to death because of his love affairs with a girl of other community. In view of such, let the petitioner above named, who is in custody since 31.5.2010 and is 79 years of age, 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 S.D.J.M., Biraul at Benipur (Darbhanga) in Kusheshwar Asthan P.S.case No.198 of 2009, subject to the 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 - 2 - bailor will undertake to furnish information to the court about any change in the address of the petitioner, (ii) 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 and (iii) 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. Narendra/ ( Anjana Prakash, J. )