IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21525 of 2010 UPENDRA YADAV, S/o Alchan Yadav. Versus THE STATE OF BIHAR ----------- 03. 11.08.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 302 and 201/34 of the Indian Penal Code. The allegation against the petitioner and other co-accused is that firstly they assaulted the deceased and threw him on the railway track and thereafter brought his dead body and burnt it. During investigation the informant stated that the deceased was mentally upset and used to go to the railway track and submission is that on account of which he may have met with an accident and died. The further submission is that even though the railway gate-man of the gumti has stated that he found the dead body and noticed no injuries on it except injury on the neck and leg, no report about the same was made in the matter. Considering the same as also that the 2 petitioner has no criminal antecedent, let the petitioner, above named 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 Smt. Archana Singh, Judicial Magistrate, 1st Class, Gaya (or her successor) in connection with Fatehpur P.S. Case No. 34 of 2007 subject to the following 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 and the other bailor shall be the son of 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 affidavit shall clearly state that the petitioner is not 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 3 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. (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 fact that the petitioner has no criminal antecedent will be verified by the Magistrate concerned before releasing the petitioner on bail. Vikash/- (Anjana Prakash, J.)