IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8350 of 2011 BAUNU YADAV @ UMESH YADAV SON OF LATE ARUN YADAV Versus THE STATE OF BIHAR ----------- 2. 23.3.2011 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence u/ss.302/34 and 379 of the Indian Penal Code. It has been submitted that the petitioner is not named in the First Information Report and subsequently the only material that has transpired against him is that he was last seen with the deceased, but during trial the very same witnesses did not support the case of the prosecution. Considering the same, let the petitioner above named, who is in custody since 25.6.2010, be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of District & Sessions Judge, Khagaria in Sessions Case No.314 of 2010 arising out of Gogri P.S. case No.18 of 2010, subject to the conditions (i) That one of the bailor 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 address of the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not an accused in any other case - 2 - 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 ground of misuse, (iv) That the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Narendra/ ( Anjana Prakash, J. )