IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31241 of 2011 Binay Kumar son of Bali Prasad Versus The State Of Bihar ----------- 2. 26.9.2011 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, 452, 341, 302, 506, 386 of the Indian Penal Code as well as 27 of the Arms Act and 17 of the C.L.A. Act. It has been submitted that as per the First Information Report itself the specific overt act has been alleged against co-accused Radhey Shyam Yadav and Subash Yadav, whereas the petitioner is merely said to be a member of the mob having no antecedents. Considering the same, 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, Patna in connection with Masaurhi P.S. Case No.254 of 2010, subject to the conditions (i) That one of the bailor shall be the father of the petitioner and the other bailor 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 will undertake to furnish information to the Court about any change in address - 2 - of the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not an 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 ground of misuse, (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, (v) 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. Narendra/ ( Anjana Prakash, J. )