IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.9040 of 2010 BINOD YADAV @ BINOD BABA, son of Lalo Yadav @ Raju Yadav Versus STATE OF BIHAR ----------- 2/ 17.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 395 of the Indian Penal Code. The petitioner is not named in the First Information Report and subsequently, when put on test identification parade he was not identified by the informant. During trial four witnesses have been examined but none of them have identified the present petitioner. Therefore, the submission is that there is no legal evidence against the petitioner. It has further been submitted that the petitioner is accused in only two cases; one under the Arms Act and another under section 307 and other allied sections of the Indian Penal Code but no case of dacoity. Under the circumstances, let the petitioner, above named, 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 the Additional Sessions Judge-cum- Fast Track Court No. IV, Munger, in connection with S. T. No.45 of 2010 arising out of Kotwali p.s. case no.299 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 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 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. JA/- (Anjana Prakash, J.)