IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10709 of 2010 SADANAND YADAV, S/o Madhu Lal Yadav. Versus THE STATE OF BIHAR ----------- 02. 12.04.2010 Learned counsel for the petitioner is permitted to make necessary correction in paragraph 1 of the bail application. Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 307 of the Indian Penal Code and later on Section 120B of the Indian Penal Code was added. The prosecution case is that in the course of prayer some unknown miscreants exploded bomb due to which Intkhab was injured. During investigation somebody messaged to a press reporter owning responsibility for the same. When the call was traced to one Bhola he stated that the petitioner had got the SIM of the mobile phone issued in his name and given to one Gopalji of Nepal. Similar statements have been given by other persons showing the complicity of the petitioner with one Gopalji but there is no direct - 2 - material that the petitioner was involved in the present occurrence. It has been submitted that the petitioner has no criminal antecedent. In view of such, let the petitioner above named who is in custody since 26.08.2009 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, Araria in connection with Kursakanta P.S. Case No. 135 of 2008 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 affidavit shall clearly state that the petitioner is not accused in any other case and if he is he shall not be released on bail. (iii) 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. (iv) That the petitioner will give an undertaking that he will receive - 3 - 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. The fact that the petitioner has no criminal antecedent will be verified by the Magistrate before releasing the petitioner on bail. Vikash/- (Anjana Prakash, J.)