IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10757 of 2010 DINESH YADAV @ LALI YADAV, SON OF LATE KEDAR YADAV Versus STATE OF BIHAR ----------- For the petitioner : Mr. Vikram Deo Singh, Advocate For the State : Mr. C. Jawahar, A.P.P. -------- 2. 13/04/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302, 120B, 34 of the Indian Penal Code and Section 27 of the Arms Act. Considering that the petitioner is in custody since 20.10.2008 and there is no specific overt act against him in the First Information Report wherein four named accused and two unknown persons are said to have fired at the deceased but only two injuries have been sustained by the deceased which is not specifically attributed to any of the accused persons, let the petitioner above named, 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 1st Additional Sessions Judge, Siwan, in Sessions Trial No. 47 of 2009 arising out of Siwswan (Chainpur O.P.) P.S. Case No. 74 of 2008 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 - 2 - 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. (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 petitioner has been directed to appear before the Superintendent of Police concerned in view of his antecedents in another case by this Court which the petitioner will strictly comply with and file a certificate in that regard before the court below even in this case. S.Ali (Anjana Prakash, J.)