IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5284 of 2010 1. KESHO YADAV @ Dharmendra Yadav, S/o Chotan Yadav. 2. Satyendra Prasad @ Narendra @ Rahul @ Dadan, S/o Sarkar Prasad. Versus THE STATE OF BIHAR ----------- 03. 07.04.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Sections 147, 148, 149, 302, 307, 326, 325, 324, 323, 435, 436, 427, 452 and 380 of the Indian Penal Code, Section 27 of the Arms Act and Section 17 of the C.L.A. Act. The petitioners are not named in the first information report and subsequently when petitioner No. 2 was caught on suspicion he confessed and also implicated petitioner No. 1. However, there is no corroboration from any independent source. In view of such, let the petitioners above named who are in custody since 13.12.2009 be released on bail on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Bikramganj in connection with - 2 - Nasariganj (Rajpur) P.S. Case No. 74 of 2007 subject to the following conditions:- (i) That one of the bailors shall be a blood relative who will take full responsibility for both the petitioners’ conduct after their release from jail custody and he will give an affidavit giving genealogy as to how he is related with the petitioners. With regard to petitioner No. 2 only the other bailor shall be local in nature since he belongs to Jharkhand. (ii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their 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. (iii) That the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. (iv) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be - 3 - cancelled. In view of the antecedents of the petitioner, the petitioner is directed to appear before the Supdt. of Police, Rohtas within fifteen days of their release with a copy of this order and thereafter every two weeks for the next one year. The conduct of the petitioners will be kept under watch in this period by the S.P. concerned 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 Superintendent of Police, a certificate will be filed by the petitioners before the court concerned. Vikash/- (Anjana Prakash, J.)