IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 12617 of 2011 Ram Babu Yadav @ Ram Babu Singh Yadav, S/o Yogeshwar Yadav. Versus The State of Bihar -------------- 05. 22.09.2011 Heard learned counsel for the petitioner, informant and the State. The petitioner seeks bail in a case instituted for the offences under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act. The petitioner was allowed bail by order dated 05.10.2009 but on condition that an affidavit would be filed on his behalf that he is not an accused in any other case. It has been submitted that the petitioner is accused in eight cases in some of which he has been acquitted. The further submission is that on merits the petitioner was allowed bail and now that he has remained in custody for almost two years after the passing of the said order a lenient view may be taken in the matter. The report of the Trial Court suggests that despite several rounds of summons to the witnesses none of them has turned up for evidence. Considering that the petitioner was found fit to be released on bail by this Court on merits on an earlier occasion, let the petitioner, above named be released on 2 bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Sub-Divisional Judicial Magistrate, Bikramganj, Rohtas in connection with Karakat P.S. Case No. 76 of 2007 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 and the other bailor shall be the brother of the petitioner namely Nand Bihari Yadav. 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. In view of the antecedents of the petitioner, the petitioner is directed to appear before the Superintendent of Police, Rohtas within fifteen days of his release with a copy of this order and every two weeks thereafter for the next nine months. The conduct of the petitioner will be 3 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 Superintendent of Police, a certificate will be filed by the petitioner before the court concerned. The petitioner is directed to deposit a sum of Rs. 750/- in the District Legal Aid Committee, Rohtas. Vikash/- (Anjana Prakash, J.)