IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.11243 of 2010 KARU PASWAN @ RAJ KUMAR PASWAN, son of Baran Paswan Versus STATE OF BIHAR ----------- 2/ 13.04.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 302,201/34 of the Indian Penal Code. The petitioner is not named in the First Information Report. Subsequently, three weeks later the petitioner was found to be using the mobile phone of the deceased using his own SIM. The petitioner has been named in the confessional statement of the co- accused, but no looted article has been recovered from the possession of the petitioner and there is no link of the present petitioner with the occurrence in question. In view of such, let the petitioner, above named, who is no other case of similar nature pending against him, 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 the Additional Sessions Judge, Patna city, in connection with Gaurichak P.S. case no.48 of 2009 (S.T. No.1349 of 09 / 198 of 10), 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 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 any other case of similar nature after his - 2 - 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. The court below before releasing the petitioner on bail will verify the fact that the petitioner is not accused in any other case of sections 394, 395, 396 Indian Penal Code. JA/- (Anjana Prakash, J.)