IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.30992 of 2011 Surendra Yadav son of Paro Yadav Versus The State Of Bihar ----------- 3/ 24.11.2011 Heard learned counsel for the petitioner, informant and the State. The petitioner seeks anticipatory bail in a case instituted for the offence under sections 302,120-B/34 of the Indian Penal Code. In the First Information Report, there is specific allegation that two unknown persons fired at the deceased on account of which he died subsequently. It was also mentioned therein that the deceased had some dispute with number of persons including the petitioner and in this background the occurrence took place. One month seven days later the nephew of the deceased appeared and stated that he had seen the petitioner and co-accused fleeing away from the place of occurrence. Admittedly, there is no explanation for this delayed statement. In view of such, in the event of surrender of the petitioner, named above, within four weeks from the date of receipt of a copy of this order in connection with Nawada P.S. Case No.19 of 2011, he shall be released on anticipatory bail on furnishing bail bond of Rs.5,000/-(five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nawada, subject to conditions as laid down under section 438 (2) Cr. P.C., and (i) That one of the bailors will be a close relative of the 2 petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailors will undertake to furnish information to the court about any change in the address of the petitioner, (ii) That the bailors shall also state on affidavit that they 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 and (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. It has been submitted that the petitioner is accused in only one other case which is of minor nature and not of murder which fact shall be verified by the Magistrate after releasing the petitioner on provisional bail initially for the period of six weeks. JA/- (Anjana Prakash,J.)