IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10798 of 2010 VIJAY YADAV, Son of Mosafir Yadav, Resident of Adipur, P.S. Anti, District Gaya …Petitioner Versus STATE OF BIHAR …. Opposite Party with Cr.Misc. No.10917 of 2010 1. VINAY YADAV, son of Ragho Yadav, R/o Saloney Bigha, P.S. Konch, District Gaya 2. Gorelal Kahar @ Sharwan Kahar @ JagjivanKahar, Son of late Chuni Ram, R/o Jhilmil,P.S. Tekari, District Gaya ……… Petitioners Versus STATE OF BIHAR …….. Opposite Party ----------- For the petitioner : Mr. Djirendra Kumar Sinha, Advocate (in cr. Misc. no. 10798/2010) For the petitioner : Mr. Vikram Deo Singh, Advocate (in Cr. Misc. No. 10917/2010) For the State : Mr. Uma Shankar Pd. Singh, A.P.P. ---- 3 12.04.2010 Both the cases are being considered together as both of them arise out of Goh P.S. Case No. 89 of 2007. Heard learned counsel for the petitioners and the learned A.P.P. for the State. The petitioners seek bail in a case registered under Sections 147, 148, 149, 341, 342, 323, 452, 427, 380/120(B) of the Indian Penal Code, 3/4/5 of the Explosive Substance Act and 17 of C.L.A. Act. 2 It is submitted on behalf of the petitioner Vinay Yadav that allegation is that about 300 – 400 extremists looted various house hold articles and exploded bomb destroyed house of the informant. Submission on behalf of the accused petitioner VinayYadav is that he is not named in the first information report and he has been implicated in this case on the basis of the further statement of informant and his brothers allegedly recorded under Section 161 Cr.P.C. during the course of investigation. It is submitted that the petitioner is in custody since 20.11.2009. So far co-accused petitioner Gorelal Kahar is concerned it is submitted that his name has appeared on the basis of alleged self incriminating confessional statement of Gorelal Yadav and Anil Yadav recorded by the police. It is jointly submitted that Santu Yadav, Gorelal Yadav and Anil Yadav have already been granted bail vide order dated 3.2.2010, 16.7.2008 and 17.9.2008 passed in Cr. Misc. Nos. 1611 of 2010, 23887 of 2008 and 17178 of 2008 respectively. 3 Petitioners Vinay Yadav and Gorelal Kahar are stated to be in custody since 20.9.2009. In the facts and the circumstances of the case, the abovenamed petitioners of both cases are directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad in connection with Goh P.S. Case No. 89 of 2007, with a further condition that one of the bailors of the each petitioner must be a close relative or family member of the petitioner, who shall file affidavit before the concerned court giving complete genealogy to show his or her relationship with him. If, after his release in this case, the petitioners are again found implicated in similar nature of cases, then the concerned court would be at liberty to take steps for cancellation of their bail bonds. Further, the petitioners shall remain present on each and every date during the course of trial. If they fail to remain present on two consecutive dates 4 without any reasonable explanation then the court concerned would be at liberty to take steps for cancellation of bail bonds of the petitioners. Spd/- (Dr. Ravi Ranjan, J.)