IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31659 of 2009 NAVIN KUMAR @ LALAN KUMAR SON OF MOHAN YADAV, RESIDENT OF VILLAGE DOBATIYA, P.S. BARHAT, DISTRIT JAMUI …PETITIONER Versus STATE OF BIHAR ----------- 4. 6.11.2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 399, 402, 353, 307, 414 of the Indian Penal Code and 27 of the Arms Act. Taking into consideration the fact that there is no specific overt act against the petitioner, who no doubt was caught after the occurrence in the vicinity and remanded in the present case on suspicion since from his possession a Mobile was recovered, on which one Ramesh Hembram, who is an escaped prisoner, had made a call, but no fire arm was recovered from his possession, let the petitioner above named, who has no criminal antecedents and is in custody since 9.5.2009, 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 C.J.M., Jamui in connection with Laxmipur P.S.case No.51 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 affidavit shall clearly 2 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 and (iv) 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. Narendra/ ( Anjana Prakash, J. )