IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.34523 of 2009 SUBODH YADAV @ SUBODH KUMAR YADAV, son of Sri Garib Nandan Yadav, @ Bhagat Jee of village Haripur, Police Station Hasanpur, district Samastipur .. Petitioner Versus THE STATE OF BIHAR .. Opposite Party **** /2/ 12.10.2009 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Section 395 of the Indian Penal Code. 3. Taking into consideration the fact that the petitioner is not named in the first information report and subsequently named by co-accused, Sanjay Yadav, whose statement was recorded under Section 164 of the Criminal Procedure Code wherein he did not take the name of petitioner as also the fact that the petitioner is in custody since 28.07.2008, but, there is no recovery from his possession nor has been put on Test Identification Parade, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with Sessions Trial No. 667 of 2009 arising out of Industrial (Prakshetra) P.S. No. 98 of 2 2006 to the satisfaction of Shri R.P.S. Singh, Additional District Judge, Fast Track Court, II, Bhagalpur, on the conditions 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 that the petitioner will give an undertaking that he will receive the police papers on the given date and will not delay the trial and if he fails to do so on two given dates and delays the trial in any manner then his bail will be liable to be cancelled for reasons of misuse. S.A. (Anjana Prakash, J.)