IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16031 of 2010 NANDLAL @ PARMANAND YADAV, S/o Fukan Yadav. Versus THE STATE OF BIHAR ----------- 02. 17.05.2010 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 co-accused, Kamdeo Yadav was rebuked for coming to the house of the informant by the deceased on account of which when her dead body was found in a pond it was suspected that for this reason she had been done to death by Kamdeo Yadav. The petitioner was not named in the First Information Report but subsequently when Kamdeo Yadav was arrested he disclosed the complicity of the petitioner before the police. However, considering that no motive has been alleged in the First information Report against the accused and there is no-eye witness to the occurrence, 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 Chief Judicial Magistrate, Banka in connection with Amarpur (Fullidumar) P.S. Case No. 24 of 2010 subject to the 2 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 also undertake to inform the Court if there is any change in the address of 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.)