IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.42629 of 2009 AWADHESH YADAV, son of Lalan Prasad @ Lalan Yadav Versus STATE OF BIHAR ----------- 3/ 05.04.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 392 of the Indian Penal Code. The petitioner is not named in the First Information Report and subsequently he has been named by the witness stating the petitioner was either seen roaming around the place of occurrence or he was seen fleeing away from the house of the informant. However, it is not explained as to why the witnesses did not disclose the same to the informant before recording of the First Information Report. In view of such, let the petitioner, above named, who is in custody since 20.3.2009 and has only one other case pending against him, 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 the Sub-Divisional Judicial Magistrate, Masaurhi, Patna, in connection with Kadirgunj P.S. case no. 10 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 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 - 2 - (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, his bail will be liable to be cancelled for reasons of misuse. The fact that the petitioner is only one other case pending against him will be verified by the court below before releasing the petitioner on bail. JA/- (Anjana Prakash, J.)