IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4712 of 2010 UDAY YADAV, SON OF SRI RAM SWAROOP YADAV, RESIDENT OF VILLAGE-DAKRA, POLICE STATION- MAKHDUMPUR, DISTRICT-JEHANABAD. ……………………………………………….PETITIONER. Versus THE STATE OF BIHAR…………………OPPOSITE PARTY. ------- For the Petitioner : M/s. Bindhyachal Singh & Umesh Kumar, Advocates. For the State : Mr. Uma Shankar Prasad Singh, A.P.P. ------- 2. 23.2.2010. Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner is an accused in a case registered under Section 379 of the Indian Penal Code besides Sections 33(1b), 41 and 42 of the Indian Forest Act, 1927, Bihar Amendment Forest Act, 1989 and Section 40 of the Mines Mineral Act. It has been submitted on behalf of the petitioner that he has been implicated in this case only on the basis of the fact that the tractor driver has taken his name being the owner of the concerned tractor, however, the petitioner is actually not the owner of such tractor. However, as - 2 - submitted by the learned counsel for the petitioner, one of the owners of the tractor, whose name has also been disclosed by the tractor driver, namely, Pintu Singh, has already been granted anticipatory bail by the Sessions Judge, Jehanabad. Another owner of the tractor, namely, Vijay Yadav, has also been granted bail by the Sessions Judge, Jehanabad. Considering the facts and the circumstances of the case, the petitioner, Uday 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 Sri Arvind Azad, Judicial Magistrate, 1st Classs, Jehanabad, in connection with Makhdumpur P.S. Case No.150/09, 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 concerned, giving full genealogy showing his relationship with the petitioner. P.S. (Dr. Ravi Ranjan,J)