IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5478 of 2010 DABLU YADAV @ PRABIN YADAV SON OF SRI RAM LAKHAN LAL YADAV Versus STATE OF BIHAR ----------- 2. 24.2.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 395, 397 of the Indian Penal Code and 25(1-b)a/26/35 of the Arms Act. It has been submitted that the petitioner is the co- villager of the informant and there is an allegation against the petitioner and six others of having entered into the house of the informant with a view to commit dacoity. In course of the transaction Laddu Chaudhary and Fantoosh Choudhary were arrested in the house of the informant with arms. However the petitioner is said to have fled away. The petitioner was earlier implicated by the very same informant in a case of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and there is no antecedent of dacoity against the petitioner. In view of such, let the petitioner above named, who is in custody since 15.9.2009, 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 A.C.J.M., Naugachia in Bihpur P.s.case No.307 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 - 2 - 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 misuse of bail and (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. Narendra/ ( Anjana Prakash, J. )