IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11473 of 2010 LALTU YADAV @ BIBEK YADAV son of late Bhola Yadav, resident of village Biranchiya, Police Station Barhara, District Purnea, … …Petitioner Versus THE STATE OF BIHAR … OPPOSITE PARTY For the Petitioner: Mr. Praveen Kumar Agrawal, Advocate For the State : Mr. R.P.S. Singh, APP ----------- 2 30.04.2010 Heard learned counsel for the petitioner and the State. The petitioner is in custody and seeks bail in a case registered for offences punishable under section 394 of the Indian Penal Code and section 27 of the Arms Act. It is submitted on behalf of the petitioner that he is not named in the first information report and merely on the basis of suspicion he has been implicated in this case. It is further submitted that neither there is any recovery of incriminating material from his possession nor has he been put on test identification parade though he was remanded this case on 15.09.2009. from another case, in which he was in custody since 20.10.2008. It is also submitted by learned counsel for the petitioner that in the earlier case a judgment of acquittal has been passed in his favour. Having regard to the facts and circumstances of 2 the case, I direct the abovenamed petitioner, LALTU YADAV @ BIBEK YADAV, to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Judicial Rail Magistrate, Khagaria, in Saharsa Rail Police Station Case No. 04/2004 with further condition that one of the bailors must be close relative or family member of the petitioner, who shall state on affidavit before the court concerned, giving complete genealogy, as to how he or she is related with the petitioner. Further, after his release, if the petitioner is again found involved in similar kind of offences, the court concerned would be at liberty to take steps for cancellation of his bail bonds. The petitioner shall also remain present on each and every date during the course of the trial and if he fails to remain present on two consecutive dates in course of trial without any reasonable cause shown by him, the court concerned would be at liberty to take steps for cancellation of his bail bonds. SC ( Dr. Ravi Ranjan, J.)