IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13075 of 2010 MAHESH KUMAR YADAV S/O LATE ASHARFI PRASAD YADAV Versus STATE OF BIHAR ----------- 3. 5.7.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302 and 120B of the Indian Penal Code. The prosecution case is that when the informant along with the deceased and others were travelling in a car, a Sumo car overtook them and thereafter one Vijay Yadav is said to have shot at the deceased Pramila Devi injuring her. In the first information report itself it has been stated that he had heard that there were three motorcyclists borne miscreants also there, who were criminals and had probably got this occurrence committed on a conspiracy. The reason for the occurrence was some land dispute between the deceased and the accused persons named in the first information report. During investigation the petitioner was traced and from his house one Hitlal was arrested, who gave his confessional statement before the police disclosing the complicity of the petitioner as well but he specifically stated that it was Lalan, who had shot at the deceased. According to both the versions, the petitioner is admittedly not the assailant of the deceased. It has been submitted that the petitioner has no criminal antecedents, which fact will be verified by the Magistrate concerned before releasing the petitioner on bail. In view of such, let the petitioner above named, who is - 2 - in custody since 26.2.2010, 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 Chief Judicial Magistrate, East Champaran, Motihari in Chhatauni P.S.case No.12 of 2010, subject to the conditions (i) That one of the bailors shall be the mother of the petitioner and the other bailor 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 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, (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 and (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. Narendra/ ( Anjana Prakash, J. )