IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42504 of 2011 Bindhyachal Yadav son of Shyam Lal Yadav @ Saral Yadav, resident of village-Ariaon, P.S.- Krishna Braham, District- Buxar. Versus The State of Bihar ----------- 2. 14.12.2011. Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is said to be in custody since 7.12.2010 in connection with a case instituted under section 395 of the Indian Penal Code against one Raju Tiwari and four unknown accused persons. It is submitted that nothing incriminating has been recovered from the possession of the petitioner. He has not been put on T.I.Parade. His name transpired in course of investigation on the basis of confessional statement of co-accused Sanjay Rawat. Sanjay Rawat has already been granted bail by order dated 10.11.2010 passed in Cr.Misc. No.40553 of 2010. Another co- accused Pintu Verma @ Pintu Kumar Verma who is identically situated to that of the petitioner has also been granted bail by order dated 10.11.2010 passed in Cr.Misc. No.38550 of 2010 by another Bench of this court. Considering the facts and circumstances of the case the petitioner named above is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of A.D.J., F.T.C.-III, Buxar in connection with Sessions Trial No.307 of 2 2010 + 129 of 2011 arising out of Buxar (ind) P.S. Case No.46 of 2010 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. The bailor will also undertake to inform the court if there is any change in the address 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 the 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 the 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 and (v)That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Md.S. ( Ashwani Kumar Singh, J.)