IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34651 of 2010 GOVIND JHA @ GAUTAM, SON OF SRI PREM CHANDRA JHA Versus THE STATE OF BIHAR ----------- 3. 05.01.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 399, 402 of the Indian Penal Code, Sections 26, 35 of the Arms Act and Sections ¾ of Explosive Substance Act. The petitioner was refused bail by an order dated 10.3.2010 vide Cr. Misc. 900 of 2010. The petitioner has renewed his prayer for bail since he is in custody since 27.9.2009 and has no criminal antecedents as also that there is no sufficient progress in trial. 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 concerned to the satisfaction of Sri R.K. Bharti, Judicial Magistrate, 1st Class, Muzaffarpur, in connection with Trial No. 4260 of 2010 arising out of Brahampura P.S. Case No. 125 of 2009 (G.R. No. 3020 of 2009) subject 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 undertake to furnish information to the 2 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 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. S.Ali ( Anjana Prakash, J.)