IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26061 of 2010 SUSHIL YADAV Versus STATE OF BIHAR ----------- 2 03.08.2010 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with S.Tr. No. 79 of 2010 arising out of Kako P.S. Case No. 18 of 2009 for offences punishable under Sections 395 and 412 of the Indian Penal Code. Learned counsel for the petitioner submits that the name of this petitioner has transpired by reason of a statement made by a co-accused and although nothing has been recovered from his personal possession nor has he been put on T.I. Parade, the petitioner has remained in custody since 21.4.2009. Learned counsel further submits that in similar circumstances another co-accused namely Dawarika Yadav has been granted bail by a Bench of this Court in Cr.Misc. No. 17589 of 2010 vide order passed on 19.5.2010. Having regard to the circumstances and the submissions of learned counsel, let the petitioner namely, Sushil Yadav be released on 2 bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount to the satisfaction of learned IInd Addl. Sessions Judge, Jahanabad in connection with S.Tr. No. 79 of 2010 arising out of Kako P.S. Case No. 18 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. Another bailor will be the brother of the petitioner. The bailors will undertake to furnish information to the court about any change in the address of the petitioner, (ii)That the bailors shall also state on affidavit that they 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 and (iii)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. Bibhash ( Jyoti Saran, J.)