IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43460 of 2009 MAHESH YADAV S/O MANI YADAV Versus STATE OF BIHAR ----------- 2. 16.12.2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 384, 386/34 of the Indian Penal Code and 25(1-B)A/26/35 of the Arms Act as well as ¾ of the Explosive Substance Act and 17 C.L.A. Act. Taking into consideration the fact that no arms were recovered from the person of the petitioner nor does he have any criminal antecedents and it is submitted that he has no concern with the Nexalite and in fact was himself in target of the Nexalite, let the petitioner above named, who is in custody since 20.7.2009, 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 C.J.M., Gaya in Konch P.S.case No.66 of 2009, subject to the conditions (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit genealogy as to how he is related with 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 the - 2 - 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. Narendra/ ( Anjana Prakash, J. )