IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.37059 of 2009 BIJAY YADAV @ BIJENDRA YADAV @BIJAY KUMAR YADAV S/O KAMESHWAER YADAV R/O/VILL HULAS, P.S. RAGHOPUR, DISTT- SUPAUL .. Petitioner Versus THE STATE OF BIHAR .. Opposite Party **** /3/ 04.01.2010 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Sections 406 and 384 of the Indian Penal Code. 3. Taking into consideration the fact that now charge sheet has been submitted only under Section 406 of the Indian Penal Code prescribing three years maximum imprisonment and the petitioner has remained in custody since 04.05.2009, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with Raghopur P.S. Case No. 43 of 2009 to the satisfaction of the Sub Divisional Judicial Magistrate, Birpur at Supaul, on 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, 2 (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 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 then his bail will be liable to be cancelled for reasons of misuse. S.A. (Anjana Prakash, J.)