IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26250 of 2009 Shivnath Yadav @ Sheonath Yadav, S/O Subhag Yadav, Resident of Chakki Bhola Dera, P.S. Brahampur, District- Buxar. ……………………………………………Petitioner. Versus The State of Bihar ……………………………..Opposite Party. ----------- 5. 03. 03. 2010. Heard Mr. Ram Chandra Singh, learned counsel appearing on behalf of the petitioner and Mr. Upendra Kumar, learned Additional Public Prosecutor for the State. The petitioner is an accused in a case instituted for offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act. It is submitted by the learned counsel for the petitioner that allegation of firing upon Prabhunath Yadav is against co-accused Shri Bhagwan Yadav. The petitioner is said to be an order giver for killing Prabhunath Yadav. According to F.I.R. the petitioner and two other persons are also alleged to have fired upon Shri Kishun Yadav, but admittedly that has not hit him. It is also submitted that the petitioner is in jail since 11. 08. 2008. Learned counsel for the State has pointed out that the petitioner is an accused in several other criminal cases. However, on perusal of the record, it appears that so far present case is concerned, the petitioner appears to be an order giver. In the facts and circumstances of the case, petitioner, namely, Shivnath Yadav @ Sheonath Yadav is 2 directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar, in connection with Simari P.S. Case No. 155 of 1999, subject to the conditions that (a) one of the bailors must be Government Servant or close family member of the petitioner, who will files an affidavit in the court below showing his/her relationship with the petitioner and (b) if the petitioner is found involved in same and similar nature of cases in future, then in that case the informant/prosecution shall be at liberty to file a petition for cancellation of bail bond of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned. m.p. (Birendra Prasad Verma, J.)