IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.40155 of 2009 SUNIL YADAV, son of Sri Jairam Yadav Versus STATE OF BIHAR ----------- 2/ 25.11.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 302/34 of the Indian Penal Code. Taking into consideration the fact that petitioner is one of the twelve persons named as accused in the first information report and merely member of the mob, whereas, the main allegation of firing is upon co-accused Ram Chander Yadav, let the petitioner above named, who is in custody since 21.8.2009 and has no criminal antecedent, 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 Chief Judicial Magistrate, Gaya, in connection with Atri P.S. case no.21 of 2007, subject to the 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, (ii) that the affidavit shall clearly state that the petitioner is not an accused in any other case and, if he is, he shall not be released on bail, and (iii) 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. JA/- (Anjana Prakash, J.)