IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15900 of 2010 UPENDRA KUMAR S/O BIKAU SAH @ SIKAU PRASAD Versus THE STATE OF BIHAR ----------- 6. 26.08.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302, 379, 120-B, 34 and 396 of the Indian Penal Code. It has been submitted that the petitioner was refused bail by an order dated 8.10.2009 vide Cr. Misc. No. 32132 of 2009 but stating therein that the application was being rejected presently and the petitioner has renewed his prayer for bail since he is in custody since 28.8.2008 and only three witnesses out of 12 have been examined till date, and it is not likely that the trial will be completed at an early date. Further submission is that there is only general material against the petitioner since there is only confessional statement of the co-accused persons. 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 2 of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of learned Additional Sessions Judge F.T.C.-5, Kaimur at Bhabua in connection with Bhabua P.S. Case No. 142/2008, subject to the conditions, (i) That one of the bailor will be a close relative of the petitioner and the other bailor shall be the father/brother of the petitioner. who will give an affidavit giving genealogy as to how he is related with 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 ground of misuse, (iii) That the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bail will be liable to be cancelled, (iv) In view of the antecedents of the petitioner, the petitioner is directed to appear before the Superintendent of Police, Kaimur at Bhabua within fifteen days of his release with a copy of this order and every two weeks thereafter for the next nine months. The conduct of 3 the petitioner will be kept under watch in this period by the superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned. Fahad. ( Anjana Prakash, J. )