IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25644 of 2010 BAUKU YADAV @ ARBIND YADAV, SON OF LATE RAJ KISHORE YADAV Versus STATE OF BIHAR ----------- 2. 30.07.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302, 120(B), 34 of the Indian Penal Code and Section 27 of the Arms Act. It has been submitted that the petitioner is not named in the First Information Report and 10-12 days later, one of the witnesses stated that the petitioner had also complicity in the matter. The further submission is that from the bail order of two co-accused Sajjan Yadav annexed as Annexure-3, it is evident that the assailants of the deceased were Dharmendra Yadav, Vijay Yadav, Sajjan Yadav and Mithilesh Kumar Rana. In view of such, let the petitioner above named, who is in custody since 19.3.2010 and has no criminal antecedends, 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, Saharsa, in Saur Bazar P.S. Case No. 193 of 2008 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. The bailor will undertake to furnish 2 information to the court about any change in address of the petitioner. (ii)That the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is, he shall not be released on bail. (iii)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. (iv)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. (v) 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. S.Ali ( Anjana Prakash, J.)