IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9296 of 2011 MOTI LAL YADAV @ MOTI YADAV Versus THE STATE OF BIHAR ----------- 03/ 05.05.2011 Heard learned counsel for the petitioner as well as learned Addl. P.P. for the State assisted by the learned counsel for the informant. Petitioner is named along with several other accused persons with allegation that he as well as other accused took the informant’s brother and one driver and subsequently, committed murder of the informant’s brother whereas driver was released by them. Learned counsel for the petitioner points out that co-accused Arvind Yadav has already been granted bail by this court considering observation given in Cr. Misc. no. 31435/2010 and the case of this petitioner is more or less identical to the case of the above stated co- accused Arvind Yadav. Learned counsel appearing for the informant opposed the prayer submitting that the petitioner carries criminal antecedent of several cases and prior to the alleged occurrence, petitioner had tried to commit murder of the informant and furthermore, some witnesses have claimed to have seen the petitioner taking the deceased towards an unknown destination. . It is frankly admitted by the learned Addl. Public Prosecutor that the driver, who had allegedly been kidnapped by the petitioner and other accused, has not disclosed the name of the petitioner nor stated about manner of the occurrence which has been 2 stated by other witnesses. Taking into consideration the above stated facts and circumstances as well as submissions of the parties, particularly, keeping in mind the observations given by this court vide order dated 7.10.2010 passed in Cr. Misc. no. 31435/2010, let the petitioner, Moti Lal Yadav @ Moti Yadav, be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge I, Naugachhiya District Bhagalpur in Sessions Trial no. 918/2010 arising out of Gopalpur (Rangra) P.S. Case no. 88/2010. It is made clear that the petitioner shall attend the learned trial court on each and every date in person till the period of nine months and if he fails to do so on two consecutive dates without any genuine cause, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner. Furthermore, it is also made clear that if any other criminal case is registered against the petitioner after passing of this order, the learned trial court shall cancel the bail bonds of the petitioner. shahid (Hemant Kumar Srivastava,J)