IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1447 of 2010 SANTOSH YADAV, S/o Umesh Yadav. Versus THE STATE OF BIHAR ----------- 02. 28.01.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 302 and 201/34 of the Indian Penal Code. It has been submitted that in the First Information Report it has been stated by the informant that the deceased had gone to the house of one Mukhiya of Sandeshwar along with Ramjee Yadav on the tempo of the present petitioner and the petitioner was also involved in looking for the deceased brother of the informant. Thereafter protest petition was filed wherein a number of persons were mentioned as accused but the petitioner was not named therein. The petitioner’s name transpired on suspicion since the deceased had some kind of dispute with one Jago Yadav and the petitioner happened to be the driver of the said Jago Yadav. In view of the above-mentioned submissions and the fact that there is no eye-witness to the occurrence and the case is based only on suspicion, let the petitioner above named who is in custody since 20.11.2009 be - 2 - 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 Chief Judicial Magistrate, Gaya in connection with Fatehpur P.S. Case No. 81 of 2008 (G.R. No. 1436 of 2008) 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 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. (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. Vikash/- (Anjana Prakash, J.)