IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19630 of 2011 Hari Nandan Rai son of Late Saryug Rai Versus The State Of Bihar ----------- 3. 29.8.2011 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 302/34 of the Indian Penal Code and 27 of the Arms Act. The petitioner was refused bail by an order dated 10.8.2010 vide Cr.Misc.No.15089 of 2010 but stating therein that it was being rejected at that stage. The prayer for bail has been renewed on the ground that up till now out of nine charge sheet witnesses only four have been examined and there is likelihood of delay in trial. Considering the aforesaid as also that the petitioner has fair antecedents, 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 concerned to the satisfaction of learned Additional District and Sessions Judge, F.T.C. IVth, Sitamarhi in connection with S. Tr. No.148 of 2010 arising out of Parihar P.S. Case No.117 of 2009, subject to the conditions (i) That one of the bailor shall be Mahesh Rai, brother-in-law of the petitioner - 2 - and the other bailor 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 case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse, (iv) That the petitioner will be physically present on each date and if he fails to do so on two consecutive dates without reasonable cause, his prayer for bail shall be cancelled. The fact that the petitioner has fair antecedents will be verified by the Magistrate concerned before releasing the petitioner on bail. If it is found that the petitioner in any way is tampering with the prosecution evidence, steps shall be taken for cancelling his hail. The Trial Court (Additional District and Sessions Judge, F.T.C. IVth, Sitamarhi) is also directed to send a list of the witnesses fixing specific dates for production of the witnesses along with a copy of this order to the S.P., Sitamarhi and the S.P., Sitamarhi is directed to ensure - 3 - production of the witnesses on the date so fixed by the Trial Court so that there is no further delay in trial. Narendra/ ( Anjana Prakash, J. )