IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12735 of 2010 SURAJDEO SINGH SON OF RAKSHYA SINGH Versus STATE OF BIHAR With Cr.Misc. No.14510 of 2010 SHANKAR YADAV SON OF BRAHMDEO YADAV Versus STATE OF BIHAR ----------- 2. 26.4.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 144, 427, 120B of the Indian Penal Code and 3 of the Prevention of Damage of Public Property Act as well as 17 of the C.L.A. Act. The petitioners are not named in the first information report wherein 60-70 unknown extremists have been mentioned as accused of having blown up school building. During investigation, the petitioners’ name transpired, but the submission is that the petitioners have no criminal antecedents nor do they belong to extremist organization. In view of such, let the petitioners above named, who are in custody since 26.11.2009, be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad in Dhibra P.S.case No.19 of 2009, subject to the conditions (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving - 2 - genealogy as to how he is related with the petitioners. The bailor will undertake to furnish information to the court about any change in the address of the petitioners, (ii) that the affidavit shall clearly state that the petitioners are not an accused in any other case and if they are they shall not be released on bail, (iii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their 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, (iv) that the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse and (v) that the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. In view of the nature of the offence, the petitioners are directed to appear before the Superintendent of Police, Aurangabad within fifteen days of his release with a copy of this order and thereafter every two weeks for the next nine months. The conduct of the petitioners will be kept under watch in this period by the S.P. concerned and if it is found wanting in any manner a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse - 3 - of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioners before the court concerned. Narendra/ ( Anjana Prakash, J. )