IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5835 of 2010 BINDESHWARI YADAV, S/o Late Saryug Yadav. Versus THE STATE OF BIHAR ----------- 03. 08.04.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 392 of the Indian Penal Code. The prosecution case as enumerated by the petitioner is that he was the Post Master of Branch Post Office Gamharia, Begusarai and he reported that when he was returning after withdrawing a sum of Rs. 4,80,000/- a robbery was committed by one Bimlesh Kumar and unknown motor-cyclists. When investigation was initiated it transpired that the petitioner had not taken adequate precautions before bringing the cash and therefore was charged with dereliction of duty and charge-sheet was submitted under Section 409 of the Indian Penal Code. In the meanwhile, one Gopal Mahto was also arrested who is said to have been with the present petitioner and he confessed before the police implicating the present - 2 - petitioner as well himself. However, in view of the fact that the charge- sheet has been submitted under Section 409 of the Indian Penal Code and the petitioner is in custody since 05.11.2009 and has no criminal antecedent, 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 Chief Judicial Magistrate, Begusarai in connection with Bakhri P.S. Case No. 150 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 affidavit shall clearly state that the petitioner is not accused in any other case and if he is he shall not be released on bail. (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 - 3 - two consecutive dates, his bail will be liable to be cancelled. The petitioner will also give an undertaking that he will inform the court of any change in address so that the trial is not delayed. Vikash/- (Anjana Prakash, J.)