IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2673 of 2010 BIBHASH YADAV SON OF SRI DEVAN YADAV Versus STATE OF BIHAR ----------- 3. 11.2.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 323, 324, 341, 307/34 of the Indian Penal Code and 27 of the Arms Act. It has been submitted that prior to the present occurrence, the informant’s father had been shot at by the accused persons on account of land dispute, but from perusal of the first information report of the said case, I find that the allegation of firing is not against the present petitioner. In the present case even though it has been alleged that the petitioner had fired but it has been stated in the petition that there is no record of the injury report. Taking into consideration the aforementioned facts, let the petitioner above named, who is in custody since 16.9.2009, 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 Sessions Judge, Bhagalpur in S.T.No.943 of 2009 arising out of Sabour P.S. (District Bhagalpur) case No.30 of 2008, 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 bailor shall also state on affidavit that he will inform the court concerned if the - 2 - 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 of bail and (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. It appears that the trial is in progress, so in case there is any complaint of tampering with prosecution evidence stern steps shall be taken against the petitioner. Narendra/ ( Anjana Prakash, J. )