IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18833 of 2010 PRABHU MUSHAHAR Versus STATE OF BIHAR ----------- 4. 30.6.2010. Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Ramnagar P.S.Case No.27 of 2006 for the offence punishable under sections 302, 364 and 120B of the Indian Penal Code. A supplementary affidavit has been filed on behalf of the petitioner praying for apology for making incorrect statement in para-2 of the bail application regarding filing of earlier bail application by this petitioner. The statement made in para-2 has been corrected by mentioning in para-4 that the petitioner had earlier moved this court in Cr.Misc.No.19432 of 2009 and which was rejected by order dated 3.11.2009. Substance of allegation against the petitioner and others is of taking the son of the informant and whereafter his dead body was found. Learned counsel for the petitioner submits that the prayer of the petitioner may be reconsidered in the backdrop that two other co- 2 accused who had accompanied the deceased, namely Damaru Rai alias Damaru Bhar and Motil Ram, whose cases are similar to that of the petitioner, have been granted bail by this court. Learned counsel submits that whereas Damaru Bhar has been granted bail in Cr.Misc.No.1515 of 2010 by order dated 28.1.2010, Motil Ram has been granted bail in Cr.Misc.No.7817 of 2010 vide order passed on 9.3.2010. Learned counsel further submits that the petitioner having remained in custody since 12.11.2009, his prayer requires reconsideration. Having regard to the circumstances and taking into consideration the submissions of the learned counsel for the petitioner, let the petitioner Prabhu Mushahar be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Bagaha, West Champaran at Bettiah in connection with Ramnagar P.S.Case no.27 of 2006, 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 said 3 bailor shall be under a duty to inform the court below in case this petitioner is named or is involved in any further case of similar nature after his release and whereupon the court below shall cancel the bail bonds of the petitioner on grounds 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. (Jyoti Saran,J,) ahk