IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30551 of 2011 Manoj Rai @ Bouna, son of Jai Ram Rai Versus The State Of Bihar ----------- 2. 19.09.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 353, 333, 324, 326, 307/34 of the Indian Penal Code and Section 27 of the Arms Act. Considering that the petitioner was identified in the Test Identification Parade by the Informant as the order giver and it appears to be a case under Section 307, I am not inclined to grant him bail at this stage. However, since the petitioner was an order giver, he is directed to be released on bail after framing of charge by the court below if his case is not bifurcated for the purpose of commitment or for charge, 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 Judicial Magistrate, 1st Class, Patna, in connection with Shastri Nagar P.S. Case No. 377 of 2010 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 court about any change in the address of the petitioner (ii)That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in 2 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, his bail will be liable to be cancelled for reasons 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. In view of nature of allegation against the petitioner, the petitioner is directed to appear before the Superintendent of Police, Patna, 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 Superintendent of Police, Patna, and if it is found wanting in any manner, 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 report to the Superintendent of Police, Patna, a certificate will be filed by the petitioner before the court concerned. S.Ali ( Anjana Prakash, J.)