IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.5312 of 2010 UDAY YADAV, S/O SURYA YADAV Versus STATE OF BIHAR **** /2/ 03.03.2010 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Sections 302 and other allied sections of the Indian Penal Code, 27 of the Arms Act and 17 of the Criminal Law Amendment Act. 3. It has been submitted that the prosecution case is that the deceased was forcibly taken away by the present petitioner and others, thereafter, one Jaglal Choudhary is said to have fired at the deceased and then the rest accused persons are said to have variously fired at the deceased, but, there is no specific overt act against him. The occurrence is said to have taken placed on account of the fact that the deceased was being coerced into the joining of P.W.G. The submission of the petitioner is that he has no antecedent of similar nature and is not a member of P.W.G. In view of such, let the petitioner, above named, who is in custody since 12.10.2009 be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with Masaurhi 2 P.S. Case No. 132 of 2004 to the satisfaction of the Judicial Magistrate, 1st Class, Masaurhi, Patna, on 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 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 then 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. S.A. (Anjana Prakash, J.)