IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25119 of 2009 BHOLA PODDAR @ BHOLA YADAV, SON OF BINOD SAO @ GAJU YADAV Versus STATE OF BIHAR ----------- 03. 20.11.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 302 of the Indian Penal Code and 27 of the Arms Act. It has been submitted that petitioner is not named in the First Information Report and during investigation the son of the deceased gave a petition that he was informed by one Rajendra Kumar that one Bhola Yadav was also one of the miscreants who had been seen at the place of occurrence. The said Rajendra Kumar has been examined in paragraph No. 68 of the case diary who belongs to Kasim Bazar, Munger i.e. a different police station from that of petitioner and has again reiterated that he saw those miscreants including Bhola Yadav. Petitioner formally denied and had also filed petition that he was not Bhola Yadav but in fact Bhola Poddar son of Binod Sao and not son of Gaju Yadav having different caste names and when this reached the Police, the police tried to fill up this lacuna by saying that an informer had stated that Bhola Yadav and Bhola Poddar are the same person. However since the 2 identity of the petitioner is in serious dispute, let the petitioner above named who is in custody since 27.12.2008 be released on bail on furnishing bail bonds of Rs. 5000/- (five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Munger in connection with Kasim Bazar P.S. Case No. 161 of 2008 subject to the conditions that (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 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 (vi)That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on the 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 (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. The Officer-in-charge, Kotwali P.S. is directed to 3 make full enquiry into the matter about the identity of the petitioner citing full genealogy and file a report in this regard before the Court for necessary action. A copy of the report should also be sent to the Superintendent of Police concerned so that no injustice is caused to any person. Shageer (Anjana Prakash, J)