IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.34483 of 2009 MOHAN YADAV, S/o Sri Hiraman Yadav, R/o Village – Goitha, P.S. – Bankebazar, Distt. – Gaya …………………..…. Petitioner Versus THE STATE OF BIHAR ……………………….. Opposite Party. ----------- For the Petitioner:- Mr. Shakeel Ahmad Khan, Sr. Advocate with Mr. Fauzil Shakil, Advocate. For the State:- Mr. R.P.S. Singh, A.P.P. ---------- 3. 16.11.2009. A supplementary affidavit has been filed on behalf of the petitioner. Let the same be kept on record. Heard learned counsel for the petitioner and learned A.P.P. appearing on behalf of the State. Petitioner has been made accused in a case registered under Sections 147, 148, 149, 323, 341, 342, 364, 379, 435, 440 and 120B of the Indian Penal Code and Section 17 of the Criminal Law Amendment Act It is submitted on behalf of the petitioner that the allegation in the first information report is that the petitioner took the informant and others along with the concerned vehicle (bus) to Chakarbanda forest and thereafter the possession of the bus was taken by the extremists. It is also submitted that earlier there was a dispute between the owner of the bus and the petitioner with regard to timing of plying of the buses on specific 2 route and for that information was given to the police. It is further submitted that during the course of investigation none of the witnesses except the informant had stated about the petitioner’s involvement and his connection with the extremists’ organization. The informant himself has resiled from his statement that he had taken the name of the petitioner by filing petition twice before the concerned court. Petitioner is stated to be the elected Mukhiya of Goitha Gram Panchayat and is stated to be of clean antecedent. Petitioner is in jail custody since 08.07.2009. Learned counsel for the State submits that the petitioner along with others are named in the first information report and it is alleged therein that the petitioner and others had overpowered the bus and handed over the same to the extremists. However, it is also stated in the first information report that there was enmity between the petitioner and the owner of the bus with regard to plying of the buses on specific route. Having regard to the facts and circumstances of the case, the petitioner, namely, Mohan Yadav is directed to be released on bail on his furnishing bond in 3 the sum of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Addl. District & Sessions Judge II, Gaya in connection with Dumaria P.S. Case No. 38/2009, subject to the condition that one of the bailors must be the family member or close relative of the petitioner. The bailor must swear an affidavit before the court below giving detailed genealogy to show as to how he is related with the petitioner. It is also made clear that after the release, if the petitioner involves himself in any criminal case of similar nature, in that case, the court below shall be at liberty to initiate a proceeding for cancellation of his bail bonds. dk ( Dr. Ravi Ranjan, J. )