IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14945 of 2010 SUDARSHAN YADAV SON OF GHAMU YADAV ALIAS DHARMU YADAV Versus STATE OF BIHAR ----------- 2. 10.5.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 302/34 of the Indian Penal Code. In an unfortunate occurrence the father of the deceased had assaulted him with a lathi and thereafter the present petitioner, who is non-else but the brother gave a chhura blow on the chest, due to which he died. The submission is that the occurrence took place in the midst of an altercation and from the facts of the case it does not appear to be a case u/s.302 I.P.C. In view of such, let the petitioner above named, who is in custody since 19.12.2008, 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 Sessions Judge, Bhojpur at Ara in S.T.No.180 of 2009 arising out of Bihiyan P.S.case No.201 of 2008, 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 bailor will undertake to furnish information to the court about any change in the address of the petitioner, (ii) that the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is - 2 - 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 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. However if there is any complaint from any quarter about the petitioner tampering with the prosecution evidence, immediate steps shall be taken for initiation of a proceeding for cancellation of bail. Narendra/ ( Anjana Prakash, J. )