IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45848 of 2009 RAJESH YADAV SON OF BHOLA YADAV Versus STATE OF BIHAR ----------- 2. 23.12.2009 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 and 27 of the Arms Act. By an order dated 17.9.2009 passed in Cr.Misc.No.28544 of 2009 the petitioner had been granted bail also on the submission that he had no criminal antecedents, which fact was to be verified by the Magistrate concerned but was found to be incorrect on the verification. Today a fresh bail application has been filed stating herein that even though the petitioner is an accused in only one other case u/s.307 I.P.C. he has not been named in the said case and his name was disclosed on the confessional statement of the co-accused, who was caught at the spot. Taking into consideration the aforementioned facts, let the petitioner above named 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 Additional Chief Judicial Magistrate, Naugachia, Bhagalpur in Gopalpur P.S.case No.77 of 2009, subject to the conditions (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit 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, (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, his bail will be liable to be cancelled for reasons of misuse and (iv) 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, his bail will be liable to be cancelled for reasons of misuse Narendra/ ( Anjana Prakash, J. )