IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19622 of 2010 MITHU YADAV, S/o Ram Charan Yadav. Versus THE STATE OF BIHAR ----------- 03. 22.07.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 302/34 of the Indian Penal Code. It has been submitted that the petitioner is not named in the First Information Report and subsequently his name transpired in the confessional statement of the co-accused and some witnesses also expressed suspicion with regard to the complicity of the petitioner. Apart from suspicion there is no cogent material against the petitioner. Specific assertion is that the petitioner is accused in only one other case besides the present one which fact will be verified by the Magistrate concerned before releasing the petitioner on bail. In view of such, let the petitioner, above named who is in custody since 27.01.2010 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, Jamui in connection with Sono P.S. Case No. 100 of 2006 (G.R. No. 1356 of 2006) subject to the following conditions:- (i) That one of the bailors will 2 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 also undertake to inform the Court if there is any change in the 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 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. Vikash/- (Anjana Prakash, J.)