IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.8978 of 2011 Md. Habib son of Late Ilyas, resident of village- Kala Balua, Police Station- Raniganj, District- Araria …Petitioner Versus The State Of Bihar …OP ----------- 4/ 29.06.2011 Heard learned counsel for the petitioner, informant and the State. By order dated 08.09.2010 passed in Cr. Misc. No.30520 of 2010, the petitioner was refused bail since he had been named by the deceased as one of the person, who was seen fleeing away after the occurrence. The prayer for bail has been renewed on the ground that the case has not been committed to the Court of Sessions. On this, a report was called for from the Trial Court which supported the fact that the case could not be committed to the Court of Sessions in absence of appearance of the co-accused. It has been submitted that the only allegation against the petitioner is that at best he was one of the six persons, who had fled away after firing at the deceased, which is also a doubtful circumstance in view of the statement of the daughter-in-law of the deceased that no name had been disclosed by him after the occurrence. In view of such, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each or any other surety to be fixed by the court below to the satisfaction of the Chief 2 Judicial Magistrate, Araria, in connection with Raniganj P.S. Case No.139 of 2009, subject to the 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 bailors will undertake to furnish information to the court about any change in the address of the petitioner, (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 bailors shall also state on affidavit that they 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 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. JA/- (Anjana Prakash,J.)