IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22636 of 2011 Bindeshwari Yadav @ Bindi Yadav son of Buddu Yadav @ Budhdeo Yadav Versus The State Of Bihar ----------- 2. 27.7.2011 Supplementary affidavit filed today on behalf of the petitioner be kept on the record. Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 121, 121a, 122, 123, 124a, 188, 120B of the Indian Penal Code and Sections 10, 13, 16, 18 of the Unlawful Activities Act. Considering that in the First Information Report the only allegation against the petitioner is of possessing arms and for the recovery of the arms a separate case was instituted and the petitioner is in custody since 25.3.2011, 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 learned Chief Judicial Magistrate, Gaya in connection with Bodh Gaya P.S. Case No.62 of 2011, subject to the conditions (i) That one of the bailor shall be Raghu Nandan Prasad, cousin brother of the petitioner and the other bailor will be a close relative of - 2 - the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the Court about any change in address of 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 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 if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. In view of the nature of allegations against the petitioner, the petitioner is directed to appear before the Superintendent of Police, Gaya within fifteen days of his release with a copy of this order and every two weeks thereafter for the next nine months. The conduct of the petitioner will be kept under watch in this period by the superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the - 3 - court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned. The Magistrate concerned is directed to consider amalgamation of the present case i.e. Bodh Gaya P.S. case No.62 of 2011 with Bodh Gaya P.S. case No.61 of 2011 instituted under the provisions of Arms Act since both the cases arise out of the same transaction. Narendra/ ( Anjana Prakash, J. )