IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15860 of 2010 NAWAHI YADAV @ RAJENDRA YADAV S/O LATE RAM KISHUN YADAV Versus THE STATE OF BIHAR ----------- 4. 25.08.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 397 of the Indian Penal Code. It has been submitted that the petitioner is not named in the First Information Report and later the wife of the deceased miscreant stated that the petitioner was also an associate of her husband. However, from this statement there is no indication that the petitioner was involved in the present case. The submission is that in all probability the petitioner is being repeatedly roped in similar offences because of his antecedents. Considering the same as also that the petitioner is in custody since 22.6.2009 and from the report of the Trial Court, it appears that no witnesses have been examined in the case as yet, let the petitioner above named, be released on bail on 2 furnishing bail bond of Rs. 5,000/-(Five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of Additional Sessions Judge, Fast Track Court- IV, Rohtas at Sasaram in connection with Session Trial No. 263/2009 arising out of Dehri P.S. Case No. 17/2002, subject to the conditions, (i) That one of the bailor will be a close relative of the petitioner and the other bailor shall be the son 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 ground of misuse, (iii) That the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Fahad. ( Anjana Prakash, J. )