IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10886 of 2010 RAJENDRA YADAV, SON OF RAMRUP YADAV, RESIDENT OF VILLAGE-KABIRPUR, P.S. NIMCHAK BATHANI, DISTRICT-GAYA………………..PETITIONER. Versus THE STATE OF BIHAR………………OPPOSITE PARTY. -------- For the Petitioner : Mr. Deepak Kumar, Advocate. For the State : Mr. Yogendra Kumar Singh, A.P.P. --------- 2. 9.4.2010. Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks bail in a case registered under Section 394 of the Indian Penal Code. It has been submitted on behalf of the petitioner that earlier the petitioner was not apprehended on the spot rather his brother, Sanjay Yadav, was apprehended on the spot and allegedly he had disclosed the name of the petitioner. However, it is also submitted that the informant knew the petitioner also and, thus, he has named the petitioner in the First Information Report. Learned counsel also submits that due to political rivalry, the petitioner and his brother have been made accused in this case and a - 2 - complaint case was also lodged by the co-accused, the brother of the petitioner, namely, Sanjay Yadav, in this regard. Further contention is that there is no recovery of any incriminating article from the possession of the petitioner. The petitioner is stated to be in custody since 19.11.2009 and he is having clean antecedent. It is also stated that the aforesaid co-accused, Sanjay Yadav, who was apprehended on the spot, had already been granted bail by a Bench of this Court vide order dated 9.11.2009 passed in Criminal Misc. No.28569 of 2009. Having regard to the facts and the circumstances of the case, the petitioner, Rajendra Yadav, is directed to be released on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya, in connection with Nimchak Bathani P.S. Case No.32/09, with a further condition that one of the bailors of the petitioner must be the close relative or his family member, who will file affidavit before the court below giving full genealogy showing his or her relationship with the petitioner. Further, after his release in this case, if the - 3 - petitioner is again found to be involved in criminal case of similar nature, the court concerned would be at liberty to take steps for cancellation of his bail bonds. P.S. (Dr. Ravi Ranjan,J)