IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.14079 of 2010 MAHAKAL YADAV son of Ganaur Yadav Versus THE STATE OF BIHAR ----------- 2/ 05.05.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 302/34 of the Indian Penal Code and section 27 of the Arms Act. The prosecution case is that the accused persons numbering seven caught hold of the deceased whereafter co-accused Hare Krishna Yadav shot at the deceased. The submission is that the petitioner is not the assailant of the deceased and there are documents to show that he being the employee in the Department of Telecommunication posted in the office of SDO, Phones, Danapur, was on duty on the date of occurrence. It has been submitted that the petitioner is accused in only one other case i.e. Naubatpur P.S. case no.200 of 2005, which fact will be verified by the Magistrate before releasing the petitioner on bail. In view of such, 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 the Additional Chief Judicial Magistrate, Danapur, Patna, in connection with Naubatpur P.S. case no.109 of 2004, subject to the 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 undertake to furnish information to the court - 2 - about 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, and (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. JA/- (Anjana Prakash, J.)