IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38484 of 2011 Kali Yadav, son of Tezo Yadav, resident of village-Banjama, P.S.-Jhajha, District-Jamui. ……..Petitioner Versus The State of Bihar ……….Opp. Party. ----------- 2 22.11.2011 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner seeks bail in connection with a case registered for the offence under Sections147, 148, 149, 341, 302, 379, 120 B of the Indian Penal Code, 27 of the Arms Act and Section 17 of the C.L.A. Act. It is submitted that the petitioner has falsely been implicated in this case and at the time of occurrence, he was already in judicial custody in Jamui Divisional Jail. The informant has suspected his hand as he used to threaten the deceased from before. The specific allegation of firing is against co-accused Suresh Yadav, Karu Yadav and Sahdeo Yadav and the further allegation of assault by Katta (a sharp cutting weapon) is against co-accused Sushil Yadav and Natoli Yadav. It is further submitted that co-accused Tejo Yadav and Prakash Yadav having identical allegation have been granted bail by order dated 8.7.2010 and 25.3.2011 passed in Cr. Misc. No. 22860 of 2010 and 8680 of 2011 respectively by another bench of this Cout. Considering the facts and circumstances of the case, the petitioner is directed to be released on bail on furnishing bail bonds 2 of Rs. 10,000/- (Ten Thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-cum-F.T.C.-II, Jamui in connection with S.T. No. 560 of 2010 arising out of Jhajha P.S. Case No. 225 of 2008 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 and the other bailors shall be the son of the petitioner. The bailor will also undertake to furnish information to the Court if there is any change in the address of the petitioner. The identity of the petitioner and the bailors shall be properly verified that there is no dispute about the same at a later point of time. (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 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. (iv) 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. (v) 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. 3 In view of the antecedents of the petitioner, the petitioner is directed to appear before the Superintendent of Police, Jamui 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 petitioner will be kept under watch in this period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned. Sanjeet/ (Ashwani Kumar Singh, J.)