IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21387 of 2010 ARVIND YADAV @ BHAGAT JEE, SON OF RUP LAL YADAV Versus STATE OF BIHAR ----------- 2. 30.06.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302, 34, 120(B) and 307 of the Indian Penal Code. The prosecution case is that the petitioner was one of the members of the assembly who caused injury to one Indradev Chauhan and committed the murder of his wife. During investigation, the said Indradev Chauhan has stated that it was Naresh Chauhan with whom they have earlier dispute who had cut the neck of the deceased and caused injury to him also. It has been submitted that subsequently, the said Indradev Chauhan filed a petition before the court below that the petitioner was not involved in the occurrence and even the Informant filed a petition resiling from his earlier statement which is Annexure-4. In view of such, 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 to the satisfaction of Chief Judicial Magistrate, Nawadah, in Akbarpur P.S. Case No. 92 of 2006 subject to the following conditions: (i)That one of the bailors will be a close relative of the petitioner 2 who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the court about any change in 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 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. The Magistrate before releasing the petitioner on bail will notice the Informant and Indradev Chauhan and confirm that they had filed a petition dated 17.9.2007 and compromise petition dated 13.1.2010 without coercion. S.Ali ( Anjana Prakash, J.)