IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23634 of 2010 BABY YADAV @ BEBHASH YADAV @ PRABHASH YADAV, SON OF SANJEEV YADAV Versus STATE OF BIHAR ----------- 4. 25.10.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 394, 302 of the Indian Penal Code and Section 27 of the Arms Act. It has been submitted that the petitioner is not named in the First Information Report and subsequently his name transpired on suspicion that he had been seen in the vicinity on the date of occurrence. Considering that there has been no recovery from his possession nor has he been put on Test Identification Parade, 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 or any other surety to be fixed by the court concerned to the satisfaction of 7th Additional Sessions Judge, Bhagalpur, in Sessions Trial No. 507 of 2010 arising out of Sultanganj P.S. Case No. 215 of 2008 subject to the following 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 the other shall be the father of the petitioner. The bailor will 2 undertake to furnish information to the court about any change in address of 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 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 case, there is any complaint against the petitioner of threatening the witnesses, immediate step shall be taken for cancellation of bail. The fact that the petitioner is an accused in only two other cases shall be verified by the trial court before releasing the petitioner on bail. S.Ali ( Anjana Prakash, J.)