IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46002 of 2009 GHANSHYAM YADAV @ SHYAM YADAV @ SUBHASH YADAV, S/o Late Narayan Yadav. Versus THE STATE OF BIHAR ----------- 03. 23.02.2010 Perused the explanation of the 1st Additional District & Sessions Judge, Banka. Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 302 and 201/34 of the Indian Penal Code. The prosecution case is that the deceased was on several occasions threatened by the villagers of Jogi Bagh as to why the deceased was not treating the patients in his village. Subsequently, the deceased was found dead and therefore it was suspected that the petitioner being the resident of village Birhar Bhalua is involved in the case. There is no eye-witness to the killing and apart from suspicion there is no cogent material against the petitioner. Under the circumstances, let the petitioner above named who is in custody since 12.10.2009 and has no criminal antecedent 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 Chief Judicial Magistrate, Banka in connection with - 2 - Shambhuganj P.S. Case No. 98 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. (ii) That the affidavit shall clearly state that the petitioner is not 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 dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. Vikash/- (Anjana Prakash, J.)