IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31594 of 2010 KARUN RAI @ TAMATAR RAI, SON OF LATE SITARAM RAI, RESIDENT OF VILLAGE AKBARPUR CHALISA, POLICE STATION SAMHO, DISTRICT-BEGUSARAI. …..Petitioner. Versus THE STATE OF BIHAR …..Opposite Party. For the Petitioner : Mr. Ajay Kumar Thakur (Adv.) For the State : APP. ----------- 02/ 26.08.2010 Heard learned Counsel for the petitioner and learned Counsel for the State. The petitioner seeks bail in this case which has been registered against 4-5 unknown criminals regarding killing of Munna Rai. Submission is that nobody has seen the occurrence. Nobody is named in the First Information Report. During investigation it has transpired that the deceased was a notorious criminal and he was accused in Nayagaon (Samho) P.S. Case No. 75 of 2005 under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act and in that case father of the deceased was witness against the deceased of the present case. It has also been submitted that similarly situated accused Ram Kumar Rai has been granted bail by this Court on 11.08.2010 in Cr. Misc. No. 20540 of 2010 vide Annexure-2. Considering the facts and circumstances of the case, the above named petitioner is 2 directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge, Fast Track Court III/court concerned, Begusarai in connection with Sessions Trial No. 521 of 2010 arising out of Samho P.S. Case No. 02 of 2010 subject to the condition that: (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 bailor will undertake to furnish information to the court about any change in 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 3 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. kksinha/- (Shyam kishore Sharma, J.)