IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27180 of 2009 JAGDISH YADAV, S/o Late Chalitar Yadav. Versus THE STATE OF BIHAR ----------- 06. 04.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 364, 201 and 120B of the Indian Penal Code and later on Section 302 of the Indian Penal Code was added. The prosecution case is that on 10.02.2009 when the son of the informant Indal Yadav left his house never to return, a Sanha was instituted by the informant on 12.02.2009 and thereafter the present case was instituted on 15.02.2009 on suspicion against four persons that the deceased had been seen in their company having wine. The petitioner is not named in the First Information Report nor is there any eye-witness to the occurrence and later on only material that has transpired is that since he was the father of co-accused, Bijendra Yadav he would have knowledge about the occurrence. Under the circumstances, let the petitioner above named who is - 2 - in custody since 26.02.2009 and has no criminal antecedent 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, Jehanabad in connection with Jahanabad (Kalpa) P.S. Case No. 58 of 2009 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. (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 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. Vikash/- (Anjana Prakash, J.)