IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.5307 of 2010 DHANANJAY YADAV, s/o Harendra Yadav, resident of village- Bettiah Bhaisahia, P.S. Jataha, District- Kushingar (UP) ...Petitioner Versus STATE OF BIHAR ...OP ----------- 2/ 23.02.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 302 and other allied sections of the Indian Penal Code. It has been submitted that the petitioner is not named in the First Information Report and the occurrence took place on account of the fact that the deceased was suspected to have given information to the police which the accused persons did not like but the submission is that the petitioner is not accused in any other case and, therefore, there was no motive also for him to have committed the present occurrence. Under the circumstances, let the petitioner, above named, who is in custody since 17.12.2009, 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 the Additional Chief Judicial Magistrate, Bagha, West Champaran, in connection with Dhanaha P.S. case no.70 of 2007, subject to the conditions (i) that the petitioner is required to give a local bailor since it appears that he is resident of UP, (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 - 2 - 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. JA/- (Anjana Prakash, J.)