IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22971 of 2010 DINESH YADAV @ LALI YADAV S/O LATE KEDAR YADAV Versus STATE OF BIHAR ----------- 4. 30.08.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 302/34 of the Indian Penal Code and 27 of the Arms Act. It has been submitted that the petitioner is not named in the First Information Report and subsequently all that has arisen against him during investigation is speculation that the petitioner was involved in the occurrence along with others. The submission is that probably the speculation has been raised because of his antecedents. Considering that there is no cogent material against the petitioner, 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 or any other surety to be fixed by the court concerned to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with 2 Hussainganj P.S. Case No. 44/2008, subject to the conditions, (i) That one of the bailor will be a close relative of the petitioner and the other bailor shall be the wife 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 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 if he fails to do so on two consecutive dates, his bail will be liable to be cancelled, (v) In view of the antecedents of the petitioner, the petitioner is directed to appear before the Superintendent of Police, Siwan within fifteen days of his release with a 3 copy of this order and every two weeks thereafter for the next one year. The conduct of the petitioner will be kept under watch in this period by the superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned. The Magistrate concerned is directed to immediately commit the case to the court of Sessions after securing the attendance of the other accused persons by all means so that the trial can be held with utmost speed. Fahad. ( Anjana Prakash, J. )