IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38641 of 2009 DEO PUJAN YADAV, SON OF LATE BADHA YADAV Versus THE STATE OF BIHAR ----------- 3. 19/02/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 147, 148, 149, 307, 302 of the Indian Penal Code, Section 27 of the Arms Act and Section 17 of C.L.A. Act. Taking into consideration the fact that there is no specific overt act against the petitioner in an occurrence which was, in fact, a clash between two groups in course of which one person of one group died and seven co-acused persons have been released on bail by this Court, let the petitioner above named, who is in custody since 17.1.2008, 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 Additional Chief Judicial Magistrate, Danapur, Patna, in connection with Bikram (Dulhin Bazar) P.S. Case No. 263 of 2003 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 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 - 2 - 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. In view of the criminal antecedents of the petitioner, he is directed to appear before the Rural Superintendent of Police, Patna, within two weeks of his release from jail custody along with a copy of this order, thereafter every fortnight, for the next nine months, during which period the petitioner’s conduct will be kept under watch and in case it is found wanting in any respect, a report shall be made to the court concerned who will then initiate a proceeding for cancellation of bail. The petitioner will file a certificate about his report to the Rural Superintendent of Police within three weeks of his release from jail custody and if he fails to do so, the court concerned will be at liberty to initiate a proceeding for cancellation of bail S.Ali (Anjana Prakash, J.)