IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23358 of 2011 Birendar Yadav @ Billa Yadav Son of Late Ram Ishwar Yadav. Versus The State Of Bihar ----------- 2. 01.08.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 302/34 of the Indian Penal Code and under Section 27 of the Arms Act. It has been submitted that for misuse of privilege of bail for a period about 10 years, the petitioner has remained in custody since 09.02.2011 and in the intervening period he has committed no illegal act as also he undertakes to be more vigilant in future. In view of such, 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 below to the satisfaction of the Additional Sessions Judge (Fast Track Court, II), Jehanabad in connection with Sessions Trial No. 114 of 2011/ 53 of 2011 arising out of Kurtha P.S. Case No. 52 of 1995 subject to the conditions (i) That one of the bailors will be a close relative of the petitioner, who will given an affidavit giving genealogy as to how he is related with the petitioner and another bailors shall be the son of the petitioner namely Bhola Kumar. The bailors will undertake to furnish information to the court about any change in the address of the petitioner, (ii) That the affidavit shall clearly state that the petitioner is not an accused in any other 2 case and, if he is, he shall not be released on bail, (iii) That the bailors shall also state on affidavit that they 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, 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 canceled. Md. Ibrarul ( Anjana Prakash, J.)