IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38488 of 2011 Dhiren Yadav @ Dhirendra Yadav, Son of Kapildeo Yadav, resident of village-Mothar, P.S.-Nayagaon, District-Begusarai. ……..Petitioner Versus The State of Bihar ………Opp. Party. ----------- 2 22.11.2011 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner seeks bail in a case registered under Sections 147,148, 149, 364, 302/201/34 of the Indian Penal Code and 27 of the Arms Act. It is submitted that the case was initially instituted on a complaint which was sent to the police for registration of F.I.R. Pursuant to which, the F.I.R. was registered. The occurrence is said to have taken place on 10.3.2008 but the complaint was filed on 18.3.2008. There is no explanation for the inordinate delay in institution of the complaint. One of the co-accused Hari Yadav having identical allegation has already been granted bail by order dated 10.08.2011 passed in Cr. Misc. No. 26302 of 2011. The petitioner is said to be in custody since 6.8.2011. Considering the facts and circumstances of the case, the petitioner is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Samho P.S. Case No. 11 of 2008 subject to the following conditions: (i) That one of the 2 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. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not an accused in any other case and, if he is, he shall not be released on bail. (iii) That the affidavit shall clearly state that prior to the institution of the present case, the petitioner was not accused in any other case and if he is, he shall not be released on bail. (iv) 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. (v) 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. Sanjeet/ (Ashwani Kumar Singh, J.)