IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39808 of 2009 1. SOHAN YADAV, S/o Late Kishun Yadav. 2. Nandlal Prasad, S/o Late Ayodhya Prasad. Versus THE STATE OF BIHAR ----------- 02. 24.11.2009 The application of petitioner No. 2 is not pressed on account of the fact that Vakalatnama has not been executed by him for the present case and he had already been granted bail by this Court’s order dated 07.11.2009 vide Cr. Misc. No. 38862 of 2009. Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 147, 148, 149, 323, 353 and 117(F) of the Indian Penal Code and Sections 135(A) and 336(1-G) of the Representation of People Act. Taking into consideration the fact that petitioner No. 1 is one of the five thousand persons who committed the act of pouring coloured water in the ballot-box and there is general allegation of assault, let the petitioner No. 1, Sohan Yadav be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like - 2 - amount each to the satisfaction of Chief Judicial Magistrate, Gaya in connection with Bodh Gaya P.S. Case No. 187 of 2009 subject to the following conditions:- (i) That one of 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. (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. Vikash/- (Anjana Prakash, J.)