IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3526 of 2010 HAWALDAR SINGH YADAV @ HAWALDAR YADAV S/O SRI YOGENDRA SINGH YADAV ALIAS YOGENDRA YADAV Versus THE STATE OF BIHAR ----------- 4. 27.4.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302 and 201/34 of the Indian Penal Code. The prosecution case is that when two unknown dead bodies were recovered, it was found that it was that of the driver and khalasi of one Radhey Shyam Singh, who had disappeared with the loaded truck. The petitioner’s name transpired since there was certain phone calls which have been made from a phone that he was using to that of a Mobile allegedly of the driver. However, there is no material at all that the petitioner has participated in the kidnapping or commission of the murder of the two deceased. In view of such, let the petitioner above named, who is in custody since 6.12.2009, 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, Patna in Beur P.S.case no.114 of 2009, subject to the conditions (i) That one of the bailors shall be local since the petitioner belongs to Ghazipur district and the other 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 - 2 - 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 and (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. Narendra/ ( Anjana Prakash, J. )