IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40207 of 2010 RAM BHAROSH YADAV, son of Late Saryug Yadav, resident of village-Matha, P.S.-Salakhua, District-Saharsa. Versus STATE OF BIHAR ----------- 2 09.11.2010 Learned counsel for the petitioner is permitted to correct the name of the father of the petitioner mentioned in the cause title. Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. Petitioner is in custody in connection with Salakhua P.S. Case No.132 of 2010 for the offence punishable under Sections 379, 384,414,323,427,504,506/34 of the Indian Penal Code. Learned counsel for the petitioner with reference to the set of allegation as set out in the F.I.R. submits that except of being the member of the mob, no specific overt act has been assigned to this petitioner. He submits that even when the alleged recovery has been made from the person of the co-accused Md. Shamim, this petitioner having clean antecedent has remained in custody since 16.8.2010. Taking into consideration the 2 circumstances and considering the submissions of the learned counsel, let the petitioner, Ram Bharosh Yadav, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa in connection with Salakhua P.S. Case No.132 of 2010 subject to the condition that a close relative of the petitioner would stand as one of the bailors and who shall file an affidavit indicating his genealogy with the petitioner. The said bailor would be under a duty to inform the court below in case this petitioner after his release in the present case is named or is found involved in any further case of similar nature and whereupon the court below shall be at liberty to cancel the bail bond of the petitioner and take him into custody on grounds of misuse. Bibhash (Jyoti Saran, J.)