IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5210 of 2010 SHYAM SUNDER YADAV @ RAM SUNDER SINGH @ Shyam Sunder Singh, S/o Late Moti Lal Yadav. Versus THE STATE OF BIHAR ----------- 03. 09.03.2010 Heard learned counsel for the petitioner, informant and the State. The petitioner seeks bail in a case instituted for the offences under Sections 147, 148, 149, 322, 384, 307 and 302 of the Indian Penal Code and Section 27 of the Arms Act. In the First Information Report the allegation against the present petitioner is that he was a member of mob who came in support of his son Obersan Yadav when dispute took place between the informant and Obersan Yadv over lifting of sand. There is no dispute that the allegation of causing the death of the deceased is upon Obersan Yadav and the petitioner is merely a member of the mob. It has also been clarified that the petitioner is accused in three cases of the year 2002, 2005 and 2007 of minor offences. Under the circumstances, let the petitioner above named who is in custody since 23.11.2009 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 Additional Chief Judicial Magistrate, Danapur, Patna in connection with - 2 - Paliganj P.S. Case No. 16 of 2009 subject to the following 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 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. (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. (iv) 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. Vikash/- (Anjana Prakash, J.)