IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25373 of 2010 MAHENDRA YADAV S/O CHHOTU YADAV Versus STATE OF BIHAR ----------- 2. 27.7.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 457, 380 of the Indian Penal Code. It has been submitted that the petitioner is named in the First Information Report as one of the thieves who committed theft in the house of the informant but subsequently in his further statement the informant stated that he was not eye-witness. 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 the learned Additional Chief Judicial Magistrate, Hilsa, Nalanda, in connection with Khudaganj P.S. case no. 4/2010, subject to the conditions, (i) That one of the 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. (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. It has been submitted that there is one other case pending against the petitioner but not of similar nature, this fact will be verified by the Magistrate before releasing the petitioner on bail. Fahad. ( Anjana Prakash, J. )