IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.23938 of 2010 LAL YADAV @ BABLU @ RAM BABU YADAV son of Pholo Yadav Versus STATE OF BIHAR ----------- 2/ 20.07.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 302, 364/34 of the Indian Penal Code. The prosecution case is that the informant had been deputed to trace out one Prabhu Narain Jha, who was a veteran criminal and escaped from the judicial custody in course of which he learnt that said Prabhu Narain Jha was being brought in BOLERO Car by one Manoj Yadav, which when intercepted the petitioner was arrested along with Manoj Yadav. The said Manoj Yadav confessed that he and others assaulted the deceased on account of the fact that his uncle had been done to death by Prabhu Narain Jha, the deceased. Considering the same, let the petitioner, above named, who is in custody since 30.11.2009 and has no criminal antecedent, 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 the Chief Judicial Magistrate, Samastipur, in connection with Samastipur (Town) P.S. Case No.732 of 2009, subject to the 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 bailor shall be local since the petitioner is the resident of Darbhanga. The bailors will undertake to furnish information to the court about any change in the address of the - 2 - petitioner, (ii)That the affidavit shall clearly state that the petitioner is not accused in any other case and, if he is, he shall not be released on bail, (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. JA/- (Anjana Prakash, J.)