IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31118 of 2010 KISHUN YADAV SON OF GANPAT YADAV, R/O DOMAI, P.S.- JHAJHA, DISTRICT- JAMUI Versus STATE OF BIHAR ----------- 2 23/08/2010 Heard Mr. Rajesh Kumar Sinha learned counsel for the petitioner and learned APP for the State. The petitioner seeks bail in a case registered under Sections 307, 379 and some other Sections of the Indian Penal Code and Section 17 of the Criminal Law Amendment Act. Altogether 12 persons are named as accused. Allegation is that besides 12 named accused persons about 15-20 unknown extremists came and tried to find out the informant. It was suspected that the information was being passed on to the police. Submission is that no overt act is attributed against the petitioner. Another named accused has been admitted to bail vide Annexure-2. Considering the facts and circumstances of the case, the petitioner above named is directed to be released on furnishing of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M./concerned Court, Jamui in connection with Laxmipur P.S. Case No. 136 of 2008 on the condition: 2 (1) 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. (2) 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. (3) 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. (4) That the petitioner will be well 3 represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. (5) Learned Magistrate before releasing the petitioner on bail will verify the fact that there is no case pending against him, if it is found to the contrary, the petitioner will not be released on bail. avin (Shyam Kishore Sharma, J.)