IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31366 of 2009 PINTU YADAV@ JITENDRA KUMAR YADAV SON OF BABULAL YADAV Versus STATE OF BIHAR ----------- 3. 24.11.2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 147, 148, 149, 436, 427, 279 of the Indian Penal Code and 3, 4, 5 of the Explosive Substance Act as well as 17 of the Cr.L.A. Act. Taking into consideration the fact that the petitioner has been named as one of the 76 persons named in the first information report but he has no criminal antecedents and in fact is a Panchayat teacher and also that the informant had subsequently stated that he had included innocent persons in the list of accused given in the first information report, let the petitioner above named, who is in custody since 21.5.2009, 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 Chief Judicial Magistrate, Gaya in connection with Barachaty Mohanpur P.S.case No.150 of 2007, subject to the conditions (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit 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 2 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 and (iv) (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. Narendra/ ( Anjana Prakash, J. )