IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14631 of 2010 RAMESH YADAV, S/o Shri Suryadeo Yadav. Versus THE STATE OF BIHAR ----------- 06. 23.08.2010 Heard learned counsel for the petitioner, informant and the State. The petitioner seeks bail in a case instituted for the offences under Sections 147, 148, 149, 324, 307, 302, 452, 380 and 120B of the Indian Penal Code, Section 27 of the Arms Act, Sections 3/4 of Explosive Substance Act and Section 17 of C.L.A. Act. It has been submitted that the petitioner is named in the First Information Report as one of the accused persons having a gun but the informant when examined in the further statement does not name the petitioner nor has he been named by any of the injured witnesses or the eye-witness. It has further been submitted that another Ramesh Yadav who happened to be the teacher in the village has been named and there could be a possibility of wrong name having been given in confusion. It has also been submitted that other co-accused persons similarly placed have been granted bail by this Court 2 and none of the deceased persons sustained any fire- arm injury. Considering the same, let the petitioner, above named be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Chief Judicial Magistrate, Jehanabad in connection with Karpi P.S. Case No. 22 of 1999 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 and the other bailor shall be the wife of the petitioner. The bailor will also undertake to inform the Court if there is any change in the 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 the ground of misuse. (iii) That the petitioner will give an undertaking that he will receive the police papers on 3 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. (iv) 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. It has been specifically asserted that the petitioner has not been made an accused in any other case after 2006 which fact will be verified by the Magistrate concerned before releasing the petitioner on bail. Vikash/- (Anjana Prakash, J.)