IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.9553 of 2010 SUBHASH KUMAR YADAV, son of Shri Bindeshwari Yadav Versus THE STATE OF BIHAR ----------- 2/ 29.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 392, 120-B of the Indian Penal Code and section 25(1-b) and 26 of the Arms Act. Even though the petitioner was arrested right after the occurrence but none of the looted articles was recovered from his possession and the parents of the petitioner undertake to take responsibility of the petitioner after his release from the jail custody. Under the circumstances, let the petitioner, above named, who is in custody since 29.10.2009 and has no criminal antecedents, 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, Saharsa, in connection with Bakhtiarpur P.S. case no.298 of 2009, subject to the conditions (i) that the father of the petitioner will be one of the bailors, who will give undertaking to take responsibility for the petitioner’s conduct after his release from the jail custody, (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 - 2 - 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.)