IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.7421 of 2010 1. LALMUNI DEVI wife of Sri Yogendra Yadav, 2. Bikrama Yadav son of Sri Satram Yadav @ Bhakur Yadav & 3. Yogendra Yadav son of Late Ram Pravesh Yadav Versus THE STATE OF BIHAR ----------- For the petitioner : Mr. Akhileshwar Pd. Singh, Advocate For the State : Mr. C. Jawahar, APP For the informant : Mr. Bhavesh Kumar, Advocate ------------- 4/ 26.04.2010 Heard learned counsel for the petitioner no.3, informant and the State. Petitioner no.1 and 2 were granted bail by this court by order dated 11.3.2010, whereas, case diary was called for petitioner no.3. There is no allegation against petitioner no.3 of having caused the death of the deceased and the allegation against him is of having fired at one of the witnesses. The petitioner no.3 is in custody since 30.10.2009. It has been submitted that the petitioner no.3 was previously made accused in Ara Mufassil P.S. case no.103 of 2007, but final report was submitted and, in fact, no case is pending against the petitioner no.3 besides the present one. In view of such, let the petitioner no.3 (Yogendra Yadav), 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, Bhojpur, Ara, in connection with Ara Mufassil (Dhobha) P.S. case no.203 of 2009, subject to the conditions (i)That one of the bailors will be a close relative of the petitioner, who - 2 - 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 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, and (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. JA/- (Anjana Prakash, J.)