IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.8977 of 2010 DINESH KUMAR YADAV, son of Sakhari Yadav Versus THE STATE OF BIHAR ----------- 2/ 17.03.2010 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 and section 27 of the Arms Act. The petitioner is not named in the First Information Report which has been instituted for the murder of an unknown male. During investigation, it transpired that the dead body was that of one Raju Gupta, who allegedly had relationship with the wife of Rajesh Mahto and it was suspected that it is on account of the fact that when he was caught in a compromising position with the said lady, his murder was committed by the family members of Rajesh Mahto. However, there is no eye witness to the occurrence. Under the aforesaid circumstances, let the petitioner, above named, who is in custody since 24.6.2009, 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 Sessions Judge, Patna City, in connection with S. T. No.1525 of 2009 arising out of Sultanganj P.S. case no. 52 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 - 2 - 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, and (iii) 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.)