IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8084 of 2010 1. DONA YADAV @ DEENA YADAV SON OF NARESH YADAV 2. ANIL YADAV SON OF DHARAM DEV YADAV Versus STATE OF BIHAR ----------- 2. 9.3.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 392 and 411 of the Indian Penal Code. Taking into consideration the fact that the petitioner no.1 is not named in the first information report nor has any recovery been made from his possession pursuant to the confessional statement of the co-accused and he has no criminal antecedents, let the petitioner no.1 Dona Yadav, who is in custody since 8.9.2009, 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 A.C.J.M., Danapur in Bihta P.S.case No.178 of 2009, 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, (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 - 2 - cancellation of bail on the ground of misuse and (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. So far the petitioner no.2 is concerned, it appears from the impugned order that he is an accused in three other cases of more or less similar nature, so I am not inclined to grant bail to the petitioner no.2 for the present. The prayer for bail of petitioner no.2 Anil Yadav is rejected. Narendra/ ( Anjana Prakash, J. )