IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19927 of 2010 GAURI SHANKAR YADAV . Versus STATE OF BIHAR . ----------- 2 15.06.2010 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Siswan (Chainpur O.P.) Police Station Case No. 74/2009 for offences punishable under Section 395 of the Indian Penal Code and 3/4 of Explosive Substance Act. The petitioner along with 15 others have been charged with committing the dacoity in the house of the informant and having fled away with valuables. Learned counsel for the petitioner submits that he has not been named in the F.I.R. nor there has been any recovery from his personal possession or from his house as regarding the items of dacoity. Learned counsel submits that he has also not been put on T.I. Parade. It is further submitted that the name of the petitioner has transpired by reason of the confessional statement made by one Jabbar Nat who has been granted bail by this Court in Cr.Misc. No. 3404 of 2010 passed on 17.2.2010 (Annexure-2). 2 Relying upon another order passed in the case of Dharmu Yadav in Cr.Misc. No. 11208 of 2010 dated 13.4.2010, learned counsel submits that the case of the petitioner is on same and similar footing. Having regard to the submissions aforesaid, let the petitioner namely, Gauri Shankar Yadav be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Siswan (Chainpur O.P) P.S. Case No. 74/09) subject to the following condition:- (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 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, 3 (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 antecedents of the petitioner, the petitioner is directed to appear before the Superintendent of Police, Siwan, within fifteen days of his release with a copy of this order and every two weeks thereafter for the next nine months. The conduct of the petitioner will be kept under watch in this period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned. Bibhash ( Jyoti Saran, J.)