IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37210 of 2010 MUKESH KUMAR @ PUNIT KUMAR @ MUKESH YADAV @ PUNIT YADAV, SON OF BIJAY YADAV Versus STATE OF BIHAR ----------- 4. 04.05.2011 Heard learned counsel for the petitioner and the State. By an order dated 12.3.2010 passed in Cr. Misc. 43968 of 2009, the petitioner was refused bail since during investigation it had transpired that the deceased had been killed on account of the fact that the wife of the deceased had wanted him dead. The petitioner was suspected to be having illicit relationship with the wife of the deceased and he had conspired in this act. However, in the entire case diary apart from the confessional statement of the co-accused, there is no direct material against the petitioner. In view of such, let the petitioner above named, after framing of charge, 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 Chief Judicial Magistrate, Patna, in Jakkanpur P.S. Case No. 75 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 Umesh 2 Yadav. The bailor will undertake to furnish information to the court about any change in address of 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 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. S.Ali ( Anjana Prakash, J.)