IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1216 of 2010 KAILASH YADAV, S/o Shiv Nandan Yadav. Versus THE STATE OF BIHAR ----------- 02. 22.01.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 395 and 397 of the Indian Penal Code. Taking into consideration the fact that the petitioner is not named in the First Information Report and his name transpired initially on the statement of police spy but there is no recovery from his possession, let the petitioner above named who is in custody since 17.04.2009 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 Judicial Magistrate, Darbhanga in connection with Bishanpur P.S. Case No. 54 of 2004 (T.R. No. 693 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 - 2 - 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. Since it has been mentioned in paragraph 13 of the petition that the petitioner is accused in five other cases but they pertained to the year 1996 and 1998 which fact will be verified by the Magistrate concerned before the petitioner is released on bail. In case it is found that the petitioner is accused in more cases than mentioned in paragraph 13 of the petition the petitioner will not be released on bail. - 3 - Let the petitioner produce a certified copy of the bail petition before the court to enable him to appreciate the present order. Vikash/- (Anjana Prakash, J.)