IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29892 of 2010 KAPIL YADAV S/O LATE SHITAL YADAV Versus THE STATE OF BIHAR ----------- 2. 06.09.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 414, 307 and 34 of the Indian Penal Code as well as under Section 25 (1-B) a/27 Arms Act. Considering that there has been no recovery from the possession of the petitioner and no injury has caused to any one, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 5,000/-(Five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Sour Bazar P.S. Case No. 265/2008, subject to the conditions, (i) That one of the bailor will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner and the other bailor shall be the mother of 2 the petitioner. The bailor will undertake to furnish information to the Court about any change in address of 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 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 if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. The Magistrate is directed to immediately commit the case to the court of Sessions and the Trial Court in seisin of the case will conclude the trial within a period of 9 months, in view of the seriousness of the offence. Fahad. ( Anjana Prakash, J. )