IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31992 of 2011 Harinath Yadav, son of Sri Ramjee Yadav Versus The State Of Bihar ---------------------------------- 2. 27.09.2011 Supplementary affidavit filed today be kept on the record. Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 448, 323, 341, 302, 201/34 of the Indian Penal Code. It has been submitted that on 24.9.2010 the co- accused Ramji Yadav instituted the case against the deceased and others for the kidnapping of his son. On the same date, the present case was instituted alleging that the petitioner and the said Ramjee Yadav came to his house and called Ayodhya Pandey for taking him with them. Co-accused Ramjee Yadav drowned the deceased in the river on account of which he lost his life. Submission is that Ramjee Yadav has been granted bail. The main allegation is against the petitioner whereas there is no specific overt act alleged against him. Considering the same, 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 or any other surety to be fixed by the court concerned to the satisfaction of Chief Judicial Magistrate, Ara, in connection with Ara Town P.S. Case No. 402 of 2010, subject to the 2 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 petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not an accused in any other case 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 the ground of misuse. (iv) 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. (v) 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. S.Ali ( Anjana Prakash, J.)