IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7073 of 2011 SUNIL YADAV, SON OF SIYA SHARAN YADAV Versus THE STATE OF BIHAR ----------- 2. 27.4.2011 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence u/ss.147, 148, 149, 323, 324, 325, 337, 307 and 379 of the Indian Penal Code. The petitioner was refused bail by an order dated 21.5.2010 vide Cr.Misc.No.12732 of 2010 along with other co- accused persons, who have been subsequently granted bail by this Court by an order dated 2.2.2011 vide Cr.Misc.No.43611 of 2010 and Cr.Misc.No.2183 of 2011. It has been submitted that the petitioner’s case is exactly same to the case of co-accused, who have been granted bail. Considering the same, 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 Judicial Magistrate, 1st class, Jehanabad in Kako P.S. case No.50 of 2009, subject to the conditions (i) That one of the bailor shall be Baleshwar Yadav, brother-in- law of the petitioner and the other bailor will be a close relative of the petitioner who will give an affidavit giving genealogy as - 2 - to how he is related with the petitioner. The bailor will undertake to furnish information to the Court about any change in address of the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is he shall not be released on bail, (iii) 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 ground of misuse, (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, (v) That the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Narendra/ ( Anjana Prakash, J. )