IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.46619 of 2009 DEVNANDAN YADAV son of late Khalaon Yadav Versus STATE OF BIHAR ----------- 2/ 12.01.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 302, 201/34 of the Indian Penal Code. Taking into consideration the fact that there is no eye witness to the occurrence and later on during investigation it has transpired that the petitioner happens to be the maternal uncle of the deceased and had helped in disposing of the dead body and the submission that in the facts of the case offence under section 201 of the Indian Penal Code would be made out which is bailable in nature, let the petitioner, above named, who is in custody since 13.8.2009, 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 the Additional Chief Judicial Magistrate, Hilsa, Nalanda, in connection with Chandi (Bena) P.S. case no.195 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, (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 give an undertaking that he will receive the police papers on the - 2 - 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 and (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.)