Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42749 of 2011 Shankar Yadav S/O Janki Yadav Village Soha Bigha P.S. Magadh University Bodh Gaya, District -Gaya Versus The State Of Bihar ---------------------------------- 2 04.01.2012 Heard learned counsel for the parties. The petitioner is in custody in connection with Magadh University P.S. Case No. 58 of 2010 for the offences punishable under [STATUTE] , Section 27 of the Arms Act and Section 17 of the Criminal Lal Amendment Act. The F.I.R. indicts 14 persons as accused in the alleged occurrence. The name of the petitioner does not find place in the F.I.R. and has transpired during the course of investigation by reason of confessional statement by a co-accused Parshuram Yadav who himself has been granted bail by this Court in Cr.Misc. No. 35501 of 2011 vide order passed on 25.10.2011 and his own confessional statement. Learned counsel for the petitioner submits that in either of the circumstances his incarceration is not justified as both the confession has been made before the police. Learned counsel with reference to an order dated 27.07.2011 passed in Cr.Misc.No.22639 of 2011 placed at Annexure-2 submits that in similar circumstances, a Bench of the Court has granted bail to accused Karu Yadav @ Pramod Yadav . Having heard learned counsel for the parties and 2 considering the circumstances, let the petitioner namely, Shankar Yadav be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Additional District Judge F.T.C.-1st , Gaya in connection with Magadh University P.S. Case No. 58 of 2010 (S.T.No.32 of 2011) subject to the following conditions:- (i) That one of the bailor shall be the father 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 address of the petitioner. (ii) 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 ground of misuse, (iii) That the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. In view of the nature of allegations against the petitioner, the petitioner is directed to appear before the Superintendent of Police, Gaya within fifteen days of his release with a copy of this order and every two weeks thereafter for the next nine months. The conduct of the 3 petitioner will be kept under watch in this period by the superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned. Bibhash (Jyoti Saran, J.)

Applicable IPC Section: 449

Statute Text:
Section 449 of the Indian Penal Code. House-trespass in order to the commission of an offence punishable with death. Whoever commits house-trespass in order to the committing of any offence punishable with death, shall be punished with imprisonment for life, or with rigorous imprisonment for a term not exceeding ten years, and shall also be liable to fine.