IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12270 of 2010 PRAKASH YADAV, S/o Late Saryug Yadav. Versus THE STATE OF BIHAR ----------- 02. 22.04.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 364 of the Indian Penal Code. The petitioner is not named in the First Information Report and subsequently the name of one Prakash Yadav son of Lalo Yadav appeared and charge-sheet was submitted on 30.11.1996. However, in the year 2009 the petitioner was sought to be arrested by the police in the name of Prakash Yadav son of Lalo Yadav which identity is seriously disputed and the police started inquiry into the matter and a report was submitted regarding this on 05.12.2009 stating therein that the petitioner’s father name was Saryug Yadav @ Lalo Yadav. Considering that no document mentions the father’s name as Lalo Yadav, in view of such, let the petitioner above named who is in custody since 13.10.2009 be released on bail on furnishing bail 2 bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each to the satisfaction of Additional District Judge, Lakhisarai in connection with Lakhisarai P.S. Case No. 288 of 1995 (S.C. No. 372 C of 1998) 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 also undertake to inform the Court if there is 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 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. Vikash/- (Anjana Prakash, J.)