IN THE HIGH COURT OF JUDICATURE AT PATNA Cr .Misc. No.3734 of 2010 AJAY KUMAR SINGH @ AJAY SINGH, S/O BISHWANATH SINGH Versus THE STATE OF BIHAR **** /2/ 11.02.2010 Learned counsel for the petitioner is permitted to make correction in the name of the petitioner. 2. Heard both the sides. 3. The petitioner seeks bail in a case instituted under Sections 364, 302 and 34 of the Indian Penal Code. 4. It has been submitted that the petitioner was named in the first information report, which is dated 24.05.1997and was not charge sheeted in the first charge sheet, dated 06.09.1997, but, charge sheeted in the second charge sheet, dated 11.08.2009, i.e., after about twelve years of the occurrence even though four eye witnesses were named in the first information report one of them was not examined during investigation and the rest two were examined belatedly after three months. The informant in the split up trial and one other eye witness did not support the case of the prosecution on account of which the co-accused, Brij Bihari Singh, Kashi Nath Singh and Birendra Singh, have been released on bail on 12.01.2010 vide Cr. Misc. No. 46221 of 2009 and 279 of 2010 respectively. Under the circumstances, let the petitioner, above 2 named, who is in custody since 06.06.2009 be also released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with Natwar P.S. Case No. 28 of 1997 to the satisfaction of the Chief Judicial Magistrate, Bikramganj, Rohtas, on 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, (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 then his bail will be liable to be cancelled for reasons of misuse and (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. S.A. (Anjana Prakash, J.)