IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.769 of 2010 KAMESHWAR BAITHA, S/O JAGU BAITHA Versus THE STATE OF BIHAR **** /2/ 21.01.2010 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Sections 307, 302 and other allied sections of the Indian Penal Code, 27 of the Arms Act, 3 and 5 of the Explosive Substances Act and 17of the Criminal Law Amendment Act. 3. Taking into consideration the fact that the petitioner is not named in the first information report wherein 150-200 unknown miscreants have been mentioned and the petitioner has been remanded in the present case after six years of the alleged date of occurrence, let the petitioner, above named, who is in custody since 25.03.2009 be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with S.T. No. 262 of 2009 arising out of Chenari P.S. Case No. 35 of 2003 to the satisfaction of the Additional Sessions Judge, II, Rohtas at Sasaram, on 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 since 2 the petitioner is resident of Jharkhand it will be proper if one of the sureties will be a local person, (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 give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner then his bail will be liable to be cancelled for reasons of misuse and (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.A. (Anjana Prakash, J)