IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.4284 of 2010 BIBHAKAR YADAV, S/O LATE YADU YADAV Versus THE STATE OF BIHAR **** /2/ 03.02.2010 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Section 307 and other allied sections of the Indian Penal Code and 27 of the Arms Act. 3. By an order, dated 10.11.2009, the petitioner had been directed to be released on bail on condition that he would give an affidavit that is not an accused in any other case, but, he could not do so since he was an accused of one other case of the year 2003 in which recently he has been released on bail by the Court below itself. 4. Taking into consideration the fact that the case is of the year 2003 and does not interfere with the merits of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with Beldaur P.S. Case No. 41 of 2002 to the satisfaction of the Chief Judicial Magistrate, Khagaria, on the conditions (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit 2 giving genealogy as to how he is related with 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 and (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 then his bail will be liable to be cancelled for reasons of misuse. 5. The fact that the petitioner is accused in only other case, i.e., Beldaur P.S. Case No. 64 of 2003 instituted for the offences under Sections 384, 386 and 387 of the Indian Penal Code will be verified by the Magistrate before releasing the petitioner on bail. S.A. (Anjana Prakash, J.)