IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9754 of 2010 JAG YADAV @ KRANTI YADAV, S/o Late Awadh Yadav. Versus THE STATE OF BIHAR ----------- 03. 12.04.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 353, 307 and 302 of the Indian Penal Code and Section 27 of the Arms Act. The petitioner was refused bail by order dated 15.09.2009 since it was noted in the impugned order that only the Investigating Officer and the Doctor were left to be examined and therefore this Court had directed the trial court to conclude the trial within the next five months. However, the trial has not been concluded nor the Doctor and the Investigating Officer has been examined till date as per the statement made in paragraph 8 of the present petition. The petitioner is in custody since 24.03.1998 and the allegation against him is that the informant had heard that a kidnapped person had been - 2 - confined by the present petitioner and some other co- accused persons but the petitioner was not arrested from the place mentioned and only the dead body of the alleged kidnapped person was recovered. In view of such, 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 2nd Additional District & Sessions Judge, Bagaha, West Champaran in connection with S.Tr. No. 258 of 2006 arising out of Thakaraha P.S. Case No. 62 of 1997 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 be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be - 3 - cancelled. In view of the antecedents of the petitioner, the petitioner is directed to appear before the Supdt. of Police, West Champaran within fifteen days of his release with a copy of this order and thereafter every two weeks for the next nine months. The conduct of the petitioner will be kept under watch in this period by the S.P. 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. Vikash/- (Anjana Prakash, J.)