IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1478 of 2010 BHOLI YADAV SON OF RAMBABU YADAV Versus STATE OF BIHAR ----------- 2. 29/01/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 364/34 of the Indian Penal Code. It has been submitted that in the First Information Report, a suspicion has been cast against the petitioner since the alleged deceased was a witness in a pending case and had deposed against him. However, during investigation, there is not a single chit of paper to show that any Complaint had previously been filed by the deceased about the conduct of the present petitioner in meting out threats to him and the entire case is based merely on speculation. Taking into consideration the aforementioned facts as also that the petitioner has remained in custody since December, 2006, 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 Smt. Banjula Bharti, Judicial Magistrate 1st Class, Patna City, (Patna) in connection with Chowk P.S. Case No. 188 of 2006 subject to the 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 2 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. S.Ali (Anjana Prakash, J.)