IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2452 of 2011 Manegar Mukhiya, S/o Late Jhakhar Mukhia. Versus The State of Bihar ----------- 04. 26.07.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 302 and 201/34 of the Indian Penal Code. The petitioner was granted bail on merits by order dated 28.06.2010 considering that there is no eye witness to the occurrence but on a condition that an affidavit would be filed on his behalf that he had no criminal antecedents. Since the petitioner was an accused in one other case such an affidavit could not be filed resultantly the petitioner was not released on bail. Having considered that the other case was one of Excise Act as also that on merits the petitioner has been considered to deserve bail, 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-VIII, East Champaran at Motihari in connection with S.Tr. No. 445 of 2009 arising out of Darpa P.S. Case No. 26/96 subject 2 to the following 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 bailor will also undertake to inform the Court if there is any change in the address of 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, his bail will be liable to be cancelled for reasons 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.)