IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30356 of 2011 Nand Kishore Yadav, son of Parmeshwar Yadav Versus The State Of Bihar ---------------------------------- 4. 23.11.2011 Heard learned counsel for the petitioner and the State. The petitioner was refused bail by orders dated 9.3.2011 passed in Cr. Misc. 26276 of 2010. The prayer for bail has been renewed on the ground of undue delay in trial. A report was called for from the Trial Court which reveals that till date despite notice, no witness has turned up for its examination. The prosecution case is that the Informant heard the sound of firing came out and saw some persons injured and the petitioner fleeing away from there. The petitioner allegedly had illicit relationship with the wife of one Raghuwar which was objected to by the Informant and others on account of which this occurrence took place. The post mortem examination of Golu Kumar reveals that death was caused on account of Septecimia. Considering the nature of allegations and the delay in trial not attributable to the petitioner, 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 Additional Sessions Judge, F.T.C.-II, 2 Jehanabad, in connection with Sessions Trial No. 04 of 2011 arising out of Ghoshi P.S. Case No. 55 of 2009, 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 and the other shall be the brother of the petitioner namely, Rabindra Kumar. 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 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. If there is any complaint against the petitioner of tampering with evidence, immediate step shall be taken for cancellation of his bail. S.Ali ( Anjana Prakash, J.)