IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8803 of 2010 NAWAL YADAV @ NAWAL KISHORE PRASAD @ NAWAL KISHOR YADAV, S/o Sri Lalo Yadav. Versus THE STATE OF BIHAR ----------- 02. 15.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 147, 148, 149 and 302 of the Indian Penal Code. The petitioner on merits was granted bail by order dated 28.10.2009 vide Cr. Misc. No. 30706 of 2009 and was required to file an affidavit regarding antecedent as a condition in bail. Since the petitioner had criminal antecedents he could not file affidavit and therefore could not be released on bail and he has renewed his prayer for bail which this court rejected since wrong submission had been made in the main petition. Now, the petitioner has renewed his prayer for bail apologizing for the said mistake and explained his antecedents in paragraph 13 of the petition from which I find that there are only four cases pending against the petitioner all of which are minor in nature. Under the circumstances, 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 to the satisfaction of Additional Chief - 2 - Judicial Magistrate, Barh in connection with Barh (Belchhi) P.S. Case No. 16 of 2005 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. (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 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. Vikash/- (Anjana Prakash, J.)