IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.1250 of 2010 RAJ KUMAR YADAV @ PAPPU YADAV, S/O BALI RAM YADAV Versus STATE OF BIHAR **** /2/ 28.01.2010 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Section 392 of the Indian Penal Code. 3. Taking into consideration the fact that the petitioner is in custody since 12.06.2009 and even though he was arrested at the spot no money was recovered from his person and for recovery of fire arm a separate case was instituted against the petitioner and apart from these two cases arising out of the same occurrence, the petitioner is not accused in any other case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with Brahmpur P.S. Case No. 176 of 2009 to the satisfaction of the Chief Judicial Magistrate, Buxar, on 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, (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 2 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 and (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 then his bail will be liable to be cancelled for reasons of misuse. 4. The fact that the petitioner is an accused only in Brahmpur P.S. Case No. 176 of 2009 and Brahmpur P.S. Case No. 170 of 2009 will be verified by the Magistrate before releasing the petitioner on bail. S.A. (Anjana Prakash, J.)