IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24524 of 2010 NEPALI SAO @ NEPAL SAH, S/o Fuchki Sao. Versus THE STATE OF BIHAR ----------- 03. 13.09.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 302 of the Indian Penal Code and Section 27 of the Arms Act. It has been submitted that the petitioner was refused bail by order dated 23.11.2009 vide Cr.Misc. No. 24174 of 2009 and even though the petitioner is in custody since 26.02.2006 till date the trial has not been concluded and the same is pending for examination of the Investigating Officer. A report from the Trial Court was called for in this regard from which it appears that all steps have been taken for examination of I.O. who is not turning up to give evidence. Considering the same, 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 as fixed by the Court to the satisfaction of Additional Sessions Judge-VI, Begusarai in connection with S.Tr. No. 775 of 2006 arising out of Begusarai Muffasil (Singhaul) P.S. Case No. 246 of 2005 subject to the following conditions:- (i) That 2 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 bailor shall be the son/wife of the petitioner. The bailor will also undertake to inform the Court if there is 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 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 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. Vikash/- (Anjana Prakash, J.)