IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5391 of 2010 SURENDRA YADAV,son of Shri Sahdeo Yadav Versus STATE OF BIHAR ----------- 02/ 23-02-2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 144/427 of the Indian Penal Code, Section 3 of the Explosive Substance Act and Section 3 of the Prevention of Damage to Public Property Act and Section 17 of the C.L.A. Act. It has been submitted that when the police arrived at the place of occurrence, canal bridges were damaged by the alleged miscreants. The informant learnt the names of about 35 persons including the present petitioner as being one of the miscreants. However, the petitioner submits that he does not belong to any banned outfit and has no criminal antecedent. Under the circumstance, let the above named petitioner be released on bail on furnishing bail bond of Rs.5,000/-(rupees five thousand) with two sureties of the like amount each to the satisfaction of the Fast Track Court No.II, Aurangabad in connection with Sessions Trial No.07 of 2010/01 of 2010, arising out of Deo P.S.Case No.120 of 2009, subject to the conditions (a) 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, (b) 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, (c) 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 and (d) 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. AH/ ( Anjana Prakash, J. )