IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4136 of 2010 SANTOSH YADAV S/O BALESHWAR YADAV Versus THE STATE OF BIHAR ----------- 3. 11.2.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 342, 30734, 386 of the Indian Penal Code and ¾ of the Explosive Substance Act as well as 17 of the C.L.A. Act. By an order dated 27.8.2009 the petitioner was refused bail with liberty to renew the same after having remained in custody for one year with full disclosure about his antecedents. The petitioner is in custody since 24.1.2009 and he states that he has no criminal antecedents. Under the circumstances, 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 Additional Sessions Judge 3rd, Banka in S.T.No.532 of 2009 arising out of Katoria P.S.case No.21 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 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 - 2 - 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 (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, his bail will be liable to be cancelled for reasons of misuse. The fact that the petitioner has no criminal antecedents will be verified by the Magistrate concerned before releasing the petitioner on bail. Narendra/ ( Anjana Prakash, J. )