IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.28711 of 2010 RAJ KISHORE YADAV son of late Chandeshwar Yadav Versus THE STATE OF BIHAR ----------- 3/ 12.10.2010 Heard learned counsel for the petitioner and the State. The petitioner was granted bail earlier by order dated 16.06.2010 vide Cr. Misc. No. 20551 of 2010 on condition that verification would be made that the petitioner has no criminal antecedent. Since there was one other case pending against the petitioner which transpired during verification, the petitioner was not released on bail. Considering that the petitioner was granted bail on merits by this court and in the earlier case he has been named in the confessional statement of the co-accused and there was no recovery from his possession, 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 the Sub-Divisional Judicial Magistrate, Sadar, Sitamarhi, in connection with Sonbarsa P.S. case no. 11 of 2010, 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 and the other bailor shall be the wife of the petitioner. The bailors will undertake to furnish information to the court about any change in the address of the petitioner, (ii) That the bailors shall also state on - 2 - 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, (iii)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, (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 cancelled. A sum of Rs.500/- (five hundred) shall be deposited on behalf of the petitioner in the District Legal Aid Committee, Sitamarhi, before the petitioner is released on bail. JA/- (Anjana Prakash, J.)