IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30370 of 2009 PANDAV YADAV SON OF DHANIK YADAV, RESIDENT OF VILLAGE MATHAR, POLICE STATION KHAGARIA (MUFASSIL), DISTRICT KHAGARIA ….. PETITIONER Versus STATE OF BIHAR ----------- 3. 27.10.2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 394 of the Indian Penal Code. Taking into consideration the fact that the petitioner is sought to be remanded in the present case after four and half years on the basis of recovery made in Khagaria Mufassil P.S.case No.574 of 2008 even though the particulars of the arms looted in Annexure-1 have not been given in the first information report, let the petitioner above named, who is in custody since 6.1.2009, 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 Railway Judicial Magistrate, Khagaria in Khagaria (Mansi) Rail P.S.case No.19 of 2004, 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 and (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 - 2 - present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. Narendra/ ( Anjana Prakash, J. )