IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31396 of 2010 JODHA YADAV @ YODHA YADAV, SON OF LATE AMIRCHAND YADAV, RESIDENT OF VILLAGE LACHHU TOLA, POLICE STATION ARRAH MUFFASIL, DISTRICT BHOJPUR AT ARRAH. …..Petitioner. Versus THE STATE OF BIHAR …..Opposite Party. For the Petitioner : Mr. Ram Chandra Singh (Adv.) For the State : APP. ----------- 02/ 25.08.2010 Heard learned Counsel for the petitioner and learned Counsel for the State. The petitioner seeks bail in this case which has been registered under Section 302, 307 and other Sections of the Indian Penal Code and Section 27 of the Arms Act. Submission is that this petitioner along with others including Lal Muni Devi, Yogendra Yadav, Meghnad Yadav formed unlawful assembly and the informant’s brother Lal Saheb Yadav was caught by wife of Yogendra Yadav namely Lal Muni Yadav and Yoddha Yadav and he was fired upon by Meghnad Yadav. Submission is that except Meghnad Yadav no other person has assaulted the deceased. Other accused namely Lal Muni Devi has been admitted to bail vide Annexure-2. Considering the facts and circumstances of the case, the above named petitioner is directed to be released on bail on furnishing 2 bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate/court concerned, Bhojpur at Arrah in connection with Arrah Muffasil (Dhobha O.P.) P.S. Case No. 203 of 2009 subject to the condition that: (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. The bailor wil undertake to furnish information to the court about 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 3 for cancellation of bail on the ground of misuse, and (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. kksinha/- (Shyam kishore Sharma, J.)