IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36231 of 2009 1. ASHOK PRASAD @ ASHOK MAHTO S/O HARI MAHTO VILL- BARHAUNA, P.S. PAKARIBARAMA, DISTT. NAWADA. Versus 1. THE STATE OF BIHAR. ----------- 04. 04.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 302 of the Indian Penal Code and Section 27 of the Arms Act. The informant alleged that the son was killed by unknown persons but during investigation it transpired that the occurrence had taken place on account of non-payment of rangdari to the present petitioner. However, apart from a vague suspicion that the petitioner was involved in the occurrence there is no cogent material against him and he has remained in custody since 05.12.2006. Under the circumstances, 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 to the satisfaction of Additional Sessions Judge, F.T.C.-II, Nawada in connection with S.Tr. No. 152(A) of 2009 arising out of Warshaliganj - 2 - P.S. Case No. 83 of 2001 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. (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 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. The report of the trial court reveals that the case of the present petitioner was not amalgamated with that of the co-accused and there has been delay in examination of witnesses on account of non- production of the witnesses as well as the accused from jail custody. It is not understandable that there is no bar in examination of witnesses in the absence of accused persons which should be kept in mind by the Judicial Officer instead of furnishing this - 3 - explanation. It has been conceded that the petitioner is an accused in number of cases so the petitioner is directed to appear before the Supdt. of Police, Nawada within fifteen days of his release with a copy of this order and thereafter every two weeks for the next nine months. The conduct of the petitioner will be kept under watch in this period by the S.P. concerned and if it is found wanting in any respect, a report will 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. Vikash/- (Anjana Prakash, J.)