IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20454 of 2010 PRABHASH YADAV Versus STATE OF BIHAR ----------- 3 05.08.2010 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Naugachia P.S. Case No. 9 of 2010 for offences punishable under Sections 302 and 120B of the Indian Penal Code. Learned counsel for the petitioner submits that there is no eye witness to the occurrence and that the involvement of this petitioner has been on mere speculation made by the informant. He further submits that reading to the F.I.R shows that the major part of the allegation is directed against co-accused Sunil Sharma. It is submitted that in similar circumstances five of the co-accused in the present case has been granted bail by a Bench of this court vide order passed in Cr.Misc. No. 15261 of 2010 and other analogous cases vide order dated 1.7.2010. He thus submits that the case of this petitioner stands on the same and similar footing. Considering the circumstances and the 2 submissions of learned counsel, let the petitioner namely, Prabhash Yadav, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount to the satisfaction of learned Additional Chief Judicial Magistrate, Naugachia in connection with Naugachia P.S. Case No. 9 of 2010 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 address of 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 3 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 fail to ensure his representation on two consecutive dates, his bail will be liable to be cancelled. Bibhash ( Jyoti Saran, J.)