IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43930 of 2009 BHUSAN YADAV S/O BALESHWAR YADAV ALIAS BALO YADAV R/O VILL.- SISWA, P.S.- BARHARA (R.NAGAR), DISTT.- PURNEA… … PETITIONER Versus THE STATE OF BIHAR… … OPPOSITE PARTY For the Petitioner: Mr. Sada Nand Roy, Advocate For the State: Mr. S.R. Haque, A.P.P. ----------- 3 21.12.2009 Heard learned counsel for the petitioner and the State. The petitioner is an accused in a case registered under sections 302 and 307/34 of the Indian Penal Code. As per the prosecution case, the allegation is that the father of the informant was killed while he was sleeping at his darwaja by 7-8 miscreants and his mother also received injury. Petitioner’s name along with his father surfaced during the course of investigation on the basis of earlier dispute with regard to sharing of crops. It is submitted on behalf of the petitioner that he has been falsely implicated in this case on account of previous enmity and dirty village politics. It is further submitted that only material against this petitioner is that there was murmuring in the village that the petitioner along with his father Balo Yadav had murdered the 2 deceased. The petitioner is stated to be in jail custody since 26.08.2009. It is also submitted that co-accused Balo Yadav alias Baleshwar Yadav(the father of the petitioner), who is on similar footing to that of the petitioner, had already been granted bail by this Court vide order dated 10.11.2006 in Criminal Miscellaneous No. 41580 of 2006. Having regard to the facts and circumstances of the case, this Court is inclined to grant bail to the petitioner on the following safeguards:- (i) the abovenamed petitioner, Bhusan Yadav, shall be released on bail forthwith, if not wanted in any other case on his executing bonds of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea in Barhara (Raghubansh Nagar) Police Station Case No. 24 of 2005; (ii) the petitioner shall report his presence on first Monday of each month for six months only before the concerned Police Station. If the prosecution desires or deems it expedient, it may apply for an order beyond six months; (iii) in case of any change of address, he shall 3 notify the same to the concerned police station; (iv) he shall desist from interfering with the witnesses directly or indirectly, personally, or through others; and (v) he shall not indulge in similar or any other offence. In case of breach of any of the aforesaid terms and conditions, the bail granted to the petitioner shall result into cancellation. SC ( Dr. Ravi Ranjan, J.)