IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.48 of 2011 SURESH YADAV, SON OF KABIR YADAV @ SHIVRASH YADAV Versus THE STATE OF BIHAR ----------- 2. 23.03.2011 Supplementary affidavit filed today be kept on the record. Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 147, 148, 149, 302, 307, 379, 364, 120B of the Indian Penal Code and Section 27 of the Arms Act. The petitioner was refused bail by an order dated 29.10.2010 mainly on the ground that he has absconded for about five years and was given liberty to renew his prayer for bail after framing of charge if his case is not bifurcated. It has been submitted that only two accused persons were left to be tried and charges have been framed against both of them simultaneously. Considering the same, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with three sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of A.D.J. Fast Track Court, Katihar, in Sessions Trial No. 489 of 2010 arising out of Manihari P.S. Case No. 96 of 2005 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, the second bailor shall be the wife of the petitioner and the third bailor must be local since the petitioner belongs to Jharkhand. 2 The bailor will undertake to furnish information to the court about any change in address of 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 cancelled. In view of the antecedents of the petitioner, the petitioner is directed to appear before the Superintendent of Police, Katihar, 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 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. S.Ali ( Anjana Prakash, J.)