IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12643 of 2010 RAJ KUMAR YADAV SON OF LATE NARAYAN YADAV Versus THE STATE OF BIHAR ----------- 4. 23.6.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 397 of the Indian Penal Code. It has been submitted that the petitioner is not named in the first information report and subsequently certain witnesses named him during investigation, but it is not explainable as to why they did not disclose the name of the petitioner earlier since the first information report was instituted almost after 12 hours of the occurrence. In view of such and also that the petitioner has only one other case but not similar in nature pending against him, let the petitioner above named, who is in custody since 30.11.2009, 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, Gaya in Bodh Gaya P.S.case No.111 of 2001, 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. The bailor will undertake to furnish information to the court about any change in the 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 - 2 - 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, his bail will be liable to be cancelled for reasons of misuse. Narendra/ ( Anjana Prakash, J. )