IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38910 of 2010 GANDHI YADAV SON OF YADUNANDAN YADAV Versus STATE OF BIHAR ----------- 2. 19.11.2010. Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Harnaut P.S.Case No.63 of 2010 for the offence punishable under sections 147, 341, 342, 504, 302 of the Indian Penal Code. Learned counsel for the petitioner, with reference to the first information report placed at Annexure-2, submits that initially a first information report giving rise to Harnaut P.S.Case No.62 of 2010 was instituted by the co- accused Sunil Yadav against the deceased, a proprietor of a Medical Store, having injected his four year son with wrong medicine leading to his death. He submits that the death of the son gave rise to mob fury who assaulted the informant’s brother Suresh Prasad which proved fatal giving rise to Harnaut P.S.Case No.63 of 2010, in which ten persons were said to have assaulted the deceased Suresh Prasad. The petitioner is alleged to have accompanied the 2 said Sunil Yadav and also a member of the mob which assaulted the deceased. Learned counsel further, with reference to the post mortem report placed at Annexure-3, submits that the allegations as set out in the first information report, do not match the injury as mentioned in the post mortem report. He further submits that most of the co-accused have been granted bail by this Court including Sunil Yadav whose son expired has been granted bail by a bench of this Court in Cr.Misc.No.33222 of 2010 vide order passed on 4.10.2010. Taking into consideration the submissions of the learned counsel for the petitioner and considering the circumstances, let the petitioner Gandhi Yadav be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Pathak Alok Kaushik, Judicial Magistrate, Ist Class, Biharsharif, Nalanda in connection with Harnaut P.S.Case No.63 of 2010, subject to the following conditions:- (i) That one of the bailor will be a close relative of the petitioner who will give 3 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 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, (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 fail 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. ahk (Jyoti Saran, J)