IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39558 of 2009 ASHOK YADAV SON OF CHANDRADEO YADAV Versus STATE OF BIHAR ----------- 2/ 23-11-2009 Heard both the parties. The petitioner seeks bail in a case institution under section 394 of the Penal Code. Taking into consideration the fact that the petitioner is sought to be remanded in this case after four and half months on the basis of the recovery made in Khagaria (Muffasil) P.s. Case No.574 of 2008, even though the particulars of the arms allegedly recovered in Annexure-1 have not been given in the first information report, let the above named petitioner who is in custody since 06.01.2009 be released on bail on furnishing bail bonds of Rs. 5,000/- ( Five thousand) with two sureties of the like amount each to the satisfaction of Railway Judicial Magistrate, Khagaria in connection with Khagaria (Mansi) Rail P.S. Case No. 19 of 2004,on 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 bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of - 2 - 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, ( Anjana Prakash, J ) BTiwary/