IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.42584 of 2009 RANA YADAV, son of Nand Kishore Yadav Versus STATE OF BIHAR ----------- 5/ 17.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 394 and 302 of the Indian Penal Code and section 27 of the Arms Act. In the First Information Report, it has been alleged that four unknown persons committed the occurrence of loot and murder for the said end. The petitioner is named in Para 3 of the case diary as being one of six persons, who was seen fleeing away from the place of occurrence. The witnesses examined in Para 4 and 5 have stated about the participation of only four persons. The submission is that the informant has alleged that only four persons committed the occurrence and, therefore, the statement in paragraph 3 that six persons were seen fleeing away from the place of occurrence does not appear credible. Thereafter, one co-accused, when apprehended and his confession recorded, did not name the present petitioner. In view of the above, 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 the Chief Judicial Magistrate, Begusarai, in connection with S. Kamal P.S. case no.73 of 2006, subject to 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, (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 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. In view of the antecedents of the petitioner, the petitioner is directed to appear before the Superintendent of Police, Begusarai, within fifteen days of his release with a copy of this order and every two weeks thereafter for the next nine months. The conduct of the petitioner will be kept under watch in this period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned. JA/- (Anjana Prakash, J.)