IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29406 of 2010 SANJIT KUMAR YADAV SON OF SHRI BALMIKI YADAV @ BALMIKI PRASAD YADAV Versus STATE OF BIHAR ----------- 2. 27.8.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 307 of the Indian Penal Code and 27 of the Arms Act. The petitioner was refused bail earlier by an order dated 14.12.2009 vide Cr.Misc.No.43024 of 2009 but has renewed his prayer for bail on the ground that he is in custody since 23.3.2009 and has fair antecedents. 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 to be fixed by the court concerned to the satisfaction of Additional Chief Judicial Magistrate, Barh in Pandarak P.S.case No.71 of 2008, subject to the conditions (i) That one of the bailors shall be the father of the petitioner and the other bailor 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 affidavit shall clearly state that the petitioner is not an 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 - 2 - 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 and (v) 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. The fact that the petitioner has no criminal antecedents will be verified by the Magistrate concerned before releasing the petitioner on bail. Narendra/ ( Anjana Prakash, J. )