IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45711 of 2009 SANKAR YADAV @ SHANKAR YADAV, SON OF SIKANDAR YADAV Versus STATE OF BIHAR ----------- 5. 05/04/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 393 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution case is that on the date of occurrence, certain unknown miscreants generally fired at the shop to scare the Informant. The petitioner is not named in the First Information Report but subsequently, his name has transpired in further statement of the Informant, without explanation as to why he did not name the petitioner earlier. In view of such, let the petitioner above named, who is in custody since10.2.2009 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, Saharsa, in Saur Bazar P.S. Case No. 239 of 2008, G.R. No. 1464 of 2008 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 - 2 - proceeding for cancellation of bail on the ground of misuse. (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 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, Saharsa, 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.)