IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14411 of 2010 JANARDHAN YADAV, S/o Mukhilal Yadav. Versus THE STATE OF BIHAR ----------- 02. 06.05.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 320, 120B/34 and 379 of the Indian Penal Code and Section 27 of the Arms Act. The petitioner was refused bail by order dated 20.11.2009 considering the merits of the case and also that he remained absconding for fourteen years. However, while considering the prayer of bail, co-accused affidavits were placed in this regard that in fact the CID had taken up for the investigation in the interim period and warrants of arrest were issued against accused persons after thirteen years. The submission therefore is that in fact the petitioner is not an absconder and there is general allegation of firing against him. In view of such, let the petitioner. above named who is in custody since 28.03.2009 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 Judicial Magistrate, Bagaha, Distt.-West Champaran in connection with Dhanaha P.S. Case No. 43 of 1995 subject to the following conditions:- (i) That one of 2 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. The bailor will also undertake to inform the Court if there is 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. (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. Vikash/- (Anjana Prakash, J.)