IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1850 of 2010 SUBODH YADAV, S/o Late Baleshwar Yadav. Versus THE STATE OF BIHAR ----------- 02. 01.02.2010 Learned counsel for the petitioner is permitted to make necessary correction in the address of the petitioner. Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 395 and 397 of the Indian Penal Code. Taking into consideration the fact that the petitioner is not named in the First Information Report nor was any recovery from his possession and implicated later in confessional statement but not put on Test Identification Parade, let the petitioner above named who has no criminal antecedent of similar kind of offence 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 Additional Chief Judicial Magistrate, Barh in connection with Athmalgola P.S. Case No. 45 of 2009 - 2 - 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 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. Before releasing the petitioner on bail, the Magistrate concerned will verify that the petitioner is not an accused in any other case of dacoity. Vikash/- (Anjana Prakash, J.)