IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.34884 of 2011 Sanjay Ram son of Sheo Bachan Ram Versus The State Of Bihar ----------- 2/ 25.10.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 302 and 380 of the Indian Penal Code and section 27 of the Arms Act. It has been submitted that the petitioner is the own brother of the deceased and he is not named in the First Information Report. Subsequently, suspicion was cast against him on account of certain motive and some circumstances connecting him to the occurrence. During trial, two witnesses have been examined but none of them named the petitioner as assailant of the deceased. 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 to be fixed by the court below to the satisfaction of the Additional Sessions Judge-cum-Fast Track Court No. V, Ara, in connection with Sessions Trial No.19 of 2010, 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 another bailor shall be Kaushal Ram, the brother of the petitioner. The bailor will undertake to furnish information to the court about any change in the address of the petitioner, (ii) That the affidavit shall clearly state that the 2 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. JA/- (Anjana Prakash,J.)