IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27372 of 2010 LAL BAHADUR YADAV @ SHASTRI JEE @ DOCTOR son of late Basudeo Yadav Versus STATE OF BIHAR ----------- 2/ 13.08.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 121-A, 123 of the Indian Penal Code and section 17 of the CLA Act. Considering that the petitioner is named in the First Information Report on the basis of the confessional statement of the co-accused but there has been no recovery from his possession and the petitioner’s sister undertakes the responsibility of the petitioner, who is in custody since 13.11.2009, 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 to the satisfaction of Chief Judicial Magistrate, East Champaran, Motihari, in connection with Chiraiya P.S. case no.168 of 2009, subject to the 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 and the another bailor shall be the sister of the petitioner. The bailor will undertake to furnish information to the Court about any change in address of the petitioner. The Magistrate is directed to scrutinize the documents of the petitioner as well as the bailors and shall 2 insist upon the photographs in view of alias names 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 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. The fact that the petitioner has only two other cases pending against him will be verified by the Magistrate before releasing him on bail. JA/- ( Anjana Prakash, J.)