IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9308 of 2010 ANAND KUMAR YADAV @ MONU SON OF SHRI ANIL KUMAR YADAV Versus STATE OF BIHAR ----------- 2. 17.3.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 302/34 of the Indian Penal Code and 27 of the Arms Act. In the first information report it has been stated that one Shankar Patel shot dead one Chanarik Rai, whereas one Vikram shot dead Bablu. The petitioner is not named in the first information report. Subsequently when the petitioner was arrested on 5.11.2009 with arms he was remanded in the present case as well on the purported statement of certain witnesses that the petitioner was in the company of two main assailants mentioned above. Under the circumstances, since there is no specific overt-act alleged against the petitioner, let the petitioner above named, who is in custody since 5.11.2009, 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 A.C.J.M., Patna City in Alamganj P.S.case No.235 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, (ii) that the bailor shall also state on affidavit that he - 2 - 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 and (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. It has been submitted that the petitioner is not an accused in any other case besides the present one i.e. Algamganj P.S.case No.235 of 2009, which fact will be verified by the Magistrate concerned before releasing the petitioner on bail. Narendra/ ( Anjana Prakash, J. )