IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29657 of 2011 Mundrika Yadav son of late Teni Yadav Versus The State Of Bihar ----------- 2. 12.9.2011 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 and 27 of the Arms Act. It has been submitted that even though the prosecution case is that the father of the informant was returning after giving evidence in a case in which the petitioner and other co-accused persons were accused and the accused of earlier case fired at his father, on account of which he died. It has also been submitted that the petitioner is not an accused in any case previously in which the deceased was a witness and, therefore, the allegations are completely false. The further submission is that after remand of the petitioner in the present case he has been remanded in Barachatti P.S. case No.166 of 2011, which is subsequent to the present case. Considering the same, 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 or any other surety to be fixed by the court concerned to the satisfaction of learned S.D.J.M., Sherghati (Gaya) in - 2 - connection with Barachatti (Mohanpur) P.S. Case No.64 of 2010, 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. 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 ground of misuse, (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 if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. The court below will verify that the petitioner is not an accused in any other case except Barachatti P.S. case No.166 of 2011 before releasing him on bail. Narendra/ ( Anjana Prakash, J. )