IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15231 of 2010 INDAL YADAV S/O JAYNANDAN YADAV Versus STATE OF BIHAR ----------- 3. 18.5.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 353, 307/34 of the Indian Penal Code and 25(1-B)A/26/27/35 of the Arms Act. The petitioner was refused bail by an order dated 9.3.2010 vide Cr.Misc.No.6503 of 2010 considering the merits of the case by another Bench of this Court, but subsequently the co- accused Amar Yadav was granted bail by this Court by an order dated 5.4.2010 vide Cr.Misc.No.3569 of 2010, so the petitioner renewed his prayer for bail. However, the learned Judge concerned was not inclined to grant bail to the petitioner and posted the case before any other Judge since he had already applied his mind on the same. Considering that only one loaded country made pistol was recovered from the possession of the petitioner, for which he has remained in custody since 18.8.2009 and he has only one other case pending against him, which fact will be verified by the Magistrate concerned before releasing the petitioner on bail, 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 Chief Judicial Magistrate, Khagaria in Gogri P.S.case No.135 of 2009, subject to the conditions (i) That - 2 - one of the bailors shall be the father/brother of the petitioner and the other bailor 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, (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. Narendra/ ( Anjana Prakash, J. )