IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27740 of 2011 Rajendra Tiwari, son of Nand Kishore Tiwari Versus The State Of Bihar ----------- 2. 24.08.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act. It has been submitted that initially a First Information Report numbered as Brahampur Nainijore P.S. Case No. 117 of 2007 was instituted by the Complainant for the murder of his son which ended in final report after a year of investigation. In the meanwhile, a protest petition was filed two months after the First Information Report by the Complainant in which petitioner was named as one of the Assailants but the same does not appear to be probable since admittedly the Complainant was not an eye witness to the occurrence. Considering the same as also that the petitioner has fair antecedents, 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 or any other surety to be fixed by the court concerned to the satisfaction of Sri Sandeep Kr. Mishra, Judicial Magistrate, 1st Class, Buxar, in connection with Complaint Case No. 108(C) of 2009 subject to 2 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 affidavit shall clearly state that the petitioner is not an accused in any other case and, if he is, he shall not be released on bail. (iii) 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. (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.Ali ( Anjana Prakash, J.)