IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29408 of 2009 SAROJ SAH S/O SRI NATH SAH, RESIDENT OF VILLAGE SIKARI, P.S. ADHOURA, DIST. KAIMUR (BHABUA) … PETITIONER Versus STATE OF BIHAR ----------- 4. 4.11.2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 386, 302, 120B of the Indian Penal Code and 27 of the Arms Act as well as Section 3 & 4 of the Explosive Substance Act. The submission is that the petitioner is not named in the first information report and the specific overt act is alleged against co-accused Dhanjee Pandey and Ranjit Yadav of having fired and caused the death of the deceased. Later on, on 22.6.2008 in paragraph 120 of the case diary one of the witnesses, namely, Vijay Seth stated that the petitioner has been seen in the company of the said Dhanjee Pandey and therefore the petitioner has been made an accused in the present case. The petitioner has been made subsequently accused in three other cases on his own confessional statement. Taking into consideration the above mentioned submissions, let the petitioner above named, who is in custody since 24.7.2008, be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) with two 2 sureties of the like amount each to the satisfaction of 4th Additional Sessions Judge, Sasaram (Rohtas) in connection with S.T.No.488 of 2008 arising out of Chenari P.S.case No.5 of 2008, 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 and (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. The Officer Incharge of Adhoura P.S. will also keep and watch upon the petitioner for the next six months after his release from custody and thereafter submit certificate at the end of six months to the court below about the conduct of the petitioner. This order shall be communicated to the O/c Adhoura P.S. Narendra/ ( Anjana Prakash, J. )