IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9140 of 2010 PRAKASH YADAV, SON OF RAM KESHWAR YADAV Versus STATE OF BIHAR ----------- 3. 04/05/2010 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 prosecution case is that the Informant was waylaid by three miscreants out of whom the Informant identified one Chandrashekhar @ Bhalua Yadav who addressed the two other miscreants as Jitendra Kumar and Prakash Yadav. However, the petitioner has not been put on Test Identification Parade nor there has been any recovery from his possession. In view of such, let the petitioner above named, who is in custody since 24.12.2009, 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 Chief Judicial Magistrate, Gaya, in M.M.C.H. (Magadh Medical) P.S. Case No. 107 of 2009 subject to the following 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 undertake to furnish information to the Court about any change in address of 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 - 2 - misuse. (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. (iv)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. The factum that the petitioner is an accused in only Magadh Medical P.S. Case No. 49 of 2009 and Magadh Medical P.S. Case No. 53 of 2009, will be verified by the Magistrate before releasing the petitioner on bail. In view of the antecedents of the petitioner, the petitioner is directed to appear before the Head Priest, Vishnupad Temple, within fifteen days of his release with a copy of this order and thereafter every two weeks for the next nine months. The conduct of the petitioner will be kept under watch in this period by the Head Priest, and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Head Priest, a certificate will be filed by the petitioner before the court concerned. S.Ali (Anjana Prakash, J.)