IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5175 of 2010 SANJAY SINGH SON OF RAMADHAR SINGH Versus STATE OF BIHAR ----------- 2. 11.2.2010 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 earlier by an order dated 20.11.2009 looking into the case diary and finding material against the petitioner since two witnesses, namely, Upendra Kumar Sharma, the informant and Arun Kumar Gupta, the brother of the deceased, had named the present petitioner as an accused. However these two witnesses have now been examined during trial and they did not support the fact that the petitioner participated in the occurrence. Apart from these two witnesses, there is no other material against the petitioner. He does not have criminal antecedents. Under the circumstances, let the petitioner above named, who is in custody since 25.5.2009, 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, Fast Track Court No.3, Sasaram, Rohtas in S.T.No.317 of 2009 arising out of Sasaram (Muffasil) P.S.case No.87 of 2009, subject to the conditions (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy - 2 - 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 of bail and (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. Narendra/ ( Anjana Prakash, J. )