IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9708 of 2010 MANOJ YADAV S/O LATE RAM GRIH YADAV Versus THE STATE OF BIHAR ----------- 2. 18.3.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 302/34 of the Indian Penal Code. The occurrence is said to have taken place at 12 0’ clock in the night between 24/25.5.2009. The first information report has been instituted at 4.30 A.M. in the morning by the son of the deceased stating therein that six persons had an altercation with the deceased the previous day and in all probability the deceased had been done to death by them, who had also threatened him. The petitioner is not named in the first information report. Subsequently another son of the deceased gave statement u/s.161 Cr.P.C. that the deceased had given oral dying declaration also implicating the present petitioner. The submission is that it does not seem probable that while one son does not say anything about the oral dying declaration, the other son does so and in course of which also implicates the present petitioner. Under the circumstances, let the petitioner above named, who is in custody since 11.11.2009, 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 C.J.M., Katihar in Manihari P.S.case No.70 of 2009, subject to the conditions (i) That - 2 - 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 and (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. Narendra/ ( Anjana Prakash, J. )