IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16028 of 2010 ASHOK YADAV @ ASHOK KUMAR, S/o Late Daso 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 364 and 302/34 of the Indian Penal Code. The prosecution case is that the son of the complainant/informant was called by co-accused Mukesh Yadav and thereafter he did not return. During investigation it transpired the petitioner along with other co-accused persons were seen in the company of the deceased and thereafter he has been suspected to be involved in the occurrence on account of serious dispute between the parties. The submission is that there is no eye-witness to the occurrence and the entire case is based only on suspicion. In view of such, let the petitioner, above named who is in custody since 20.03.2010 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, Lakhisarai in connection with Surajgarha P.S. Case No. 44 of 2010 subject to the following conditions:- (i) That one of the bailors will be a 2 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 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. (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. (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. Vikash/- (Anjana Prakash, J.)