IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1875 of 2010 RAJ KISHORE YADAV, S/o Mahadeo Rai. Versus THE STATE OF BIHAR ----------- 03. 18.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 395 of the Indian Penal Code. The petitioner is not named in the First Information Report and about twenty days later when the house of one Raj Kishore Yadav was raided on suspicion the petitioner was arrested there with three cartridges and looted mobile which is the subject- matter of the present case. It has been submitted that the petitioner is a retired army personnel and in fact he has no concern with the present occurrence and apart from these two cases there is no other case pending against him. Under the circumstances, let the petitioner above named who is in custody since 16.08.2009 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 Chief - 2 - Judicial Magistrate, East Champaran at Motihari in connection with Sugauli P.S. Case No. 99 of 2009 subject to the following 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 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 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. Vikash/- (Anjana Prakash, J.)