IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14772 of 2010 JAI MANGAL YADAV, SON OF LATE KESHWAR YADAV Versus STATE OF BIHAR ----------- 2. 10/05/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 147, 148, 149, 302, 364 of the Indian Penal Code, Section 27 of the Arms Act and Section 17 of C.L.A. Act. The petitioner was refused bail earlier by an order dated16.4.2008 vide Cr. Misc. 3661 of 2008 and has renewed his prayer for bail on the ground that the co-accused similarly placed, has been released on bail vide Cr. Misc. 4551 of 2010 by an order dated 6.4.2010. Submission of the petitioner is that he is named in the First Information Report instituted against 23 named accused persons and reportedly killed four persons and kidnapped one, who was later on killed, but, there is no specific overt act against him till date. The case has not even been committed to the court of Sessions since seventeen accused are still absconding. In view of such, 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 Additional Chief Judicial Magistrate, Danapur, at Patna, in Paliganj P.S. Case No. 102 of 2004 subject to the following conditions: (i) That one of the bailors will be a close - 2 - 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 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. (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, Patna, within fifteen days of his release with a copy of this order and thereafter every two weeks 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 - 3 - Superintendent of Police, a certificate will be filed by the petitioner before the court concerned. S.Ali (Anjana Prakash, J.)