IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17148 of 2010 KAPIL YADAV, S/o Ramdeo Yadav. Versus THE STATE OF BIHAR ----------- 03. 02.07.2010 A supplementary-affidavit has been filed be kept on record. Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act. It has been submitted that in the First Information Report there is a general allegation against three named and eight to ten unknown persons of having taken the deceased and shot him but there is no specific overt act alleged against the petitioner. During investigation another story had emerged on account of which a Final report had been submitted against the petitioner but the investigation was reopened and the petitioner was charge-sheeted. Considering the same, let the petitioner, above named who is in custody since 14.11.2009 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 Sub-Divisional Judicial Magistrate, Masaurhi, Patna in connection with Dhanarua P.S. Case 2 No. 203 of 2006 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. The bailor will also undertake to inform the Court if there is any change in the address of 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 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. It has been submitted that there are four cases pending against the petitioner, three cases are under Section 380 of the Indian Penal Code and one under Section 302 in which final report was submitted but cognizance was taken disagreeing with the same. This fact shall be verified by the Magistrate before releasing the petitioner on bail. Vikash/- (Anjana Prakash, J.)