IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10602 of 2010 SUDAMA SINGH SON OF PALDHARI SINGH Versus STATE OF BIHAR ----------- 3. 21.5.2010 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 and 120B of the Indian Penal Code. The prosecution case is that the husband and the son of the informant were going on a tractor, whereafter the informant heard some gun shots and found both of them dead. She saw co- accused Sanjay Yadav and Nagendra Yadav fleeing away from the place of occurrence and the motive attributed for the occurrence was upon Sanjay Yadav with whom the deceased had allegedly an altercation over cutting of crops. Two days later the petitioner’s name transpired on hearsay witness that the petitioner was also seen running away from the place of occurrence. However, none of the eye witnesses named the petitioner. Considering that the petitioner has no criminal antecedents, let the petitioner above named, who is in custody since 5.8.2009, 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 Chief Judicial Magistrate, Bettiah, District West Champaran in Bairiya P.S.case No.175 of 2008, subject to the conditions (i) That one of the bailors shall be the father of the petitioner and the second bailor shall be the local since the - 2 - petitioner belongs to Uttar Pradesh and the third bailor 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 the 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 and (v) 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. Narendra/ ( Anjana Prakash, J. )