IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35836 of 2009 NAWAL KISHORE YADAV S/O- SOHRAI YADAV VILL- BISHO, P.S- PARAIYA, DISTT- GAYA…..Petitioner Versus STATE OF BIHAR … …Opposite Party For the Petitioner : Mr. Krishna Pd. Singh, Sr. Advocate For the State : Mr. Jitendra Kumar Singh, A.P.P. ….. 5 21.12.2009 Heard learned counsel for the petitioner and the State. The petitioner is in custody since 12.08.2009 in a case registered under sections 307,326, 436, 380, 353, 332,342, 324, 323, 147,148 and of the Indian Penal Code, section 27 of the Arms Act, Sections 3, 4 and 5 of the Explosive Substance Act and section 17 of the Criminal Law Amendment Act. It is submitted on behalf of the petitioner that his name had surfaced at a belated stage during the course of investigation. Earlier the petitioner was arrested in connection with Konch Police Station Case No. 32/04, he had been remanded to judicial custody on 31.03.2004 and subsequently he was enlarged on bail on 11.11.2004. It is contended that although the present case had been registered in 2003, that is one year prior to the institution of the aforesaid case, the police had not remanded this 2 petitioner in this case. It is also submitted that co-accused Ramashish Yadav and Satyendra Yadav as well as Tanik Lal Yadav, who are on similar footing to that of the petitioner, had already been enlarged on bail by this Court vide order dated 23.05.2008 in Criminal Miscellaneous No. 20154 of 2008 and also vide order dated 24.06.2009 passed in Cr. Misc. No. 5104 of 2009. Further submission is that apart from the aforesaid Konch Police Station Case No. 32/04, the petitioner has not been implicated in any other criminal case. Having regard to the facts and circumstances of the case, I direct the abovenamed petitioner, Nawal Kishore Yadav, to be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya in Konch Police Station Case No. 20/03 with further condition that one of the bailors must be close relative or family member of the petitioner, who shall state on affidavit before the court concerned, giving complete genealogy, as to how he is related with the petitioner. Further, after his release, if the petitioner would indulge in similar kind of offences, the court concerned 3 will be at liberty to initiate a proceeding for cancellation of his bail bonds. SC ( Dr. Ravi Ranjan, J.)