IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29182 of 2009 SANJAY YADAV SON OF BISHANI YADAV @ BISHUN YADAV, RESIDENT OF VILLAGE MOHANPUR, POLICE STATION PANDAUL, DISTRICT MADHUBANI … PETITIONER Versus STATE OF BIHAR …. O.P. ----------- 2. 19.8.2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 395 and 412 of the Indian Penal Code. Taking into consideration the fact that the petitioner is not named in the first information report and there is no recovery from his possession and the fact that he is in custody since 26.4.2007, 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 to the satisfaction of Additional Sessions Judge, F.T.C.No.III, Madhubani in connection with Benipatti P.S.case No.181 of 2004 (Sessions Trial No.578 of 2007), subject to the 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 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, and (iii) that he will be personally present on each dates in trial 2 and if defaults to do so on two consecutive dates without any reasonable cause, his bail bond is liable to be cancelled. Narendra/ ( Anjana Prakash, J. )