IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14030 of 2010 PREM CHAND YADAV SON OF SRI RAMUNA RAI Versus STATE OF BIHAR ----------- 2. 5.5.2010 Supplementary affidavit filed today be kept on the record. 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. The petitioner was refused bail earlier by an order dated 17.9.2009 alleging therein that one witness had specifically named the petitioner of having assaulted the deceased. It has been submitted that the fact of the matter is that there is a general allegation against four accused persons of having assaulted the deceased, two out of whom had been granted bail by this Court. The petitioner is in custody since 5.1.2009 and has no criminal antecedents. Moreover, the trial has begun and out of twelve witnesses, only two witnesses have been examined up till date. In view of such, let the petitioner above named 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 Additional Sessions Judge, F.T.C.IV, Bhojpur at Arrah in S.Tr.No.250 of 2009 arising out of Koilwar P.S.case No.239 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 - 2 - 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 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. Narendra/ ( Anjana Prakash, J. )