IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14547 of 2010 DHANIL YADAV SON OF SRI NARAD YADAV Versus THE STATE OF BIHAR ---- 3. 17.6.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 393 of the Indian Penal Code. The petitioner is not named in the First Information Report even though he happens to be a co-villager of the informant, but subsequently his name was disclosed by a witness stating that he had been seen running away after the occurrence. It has been submitted that there is no explanation as to why this witness did not disclose this fact at the earliest instance, which could have been mentioned in the First Information Report. In view of such, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs. 5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Buxar in Bagen Gola P.S.case No.2 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. The bailors will undertake to furnish information to the court about any change in the address of 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 - 2 - 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 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 the 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. Narendra/ ( Anjana Prakash, J. )