IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4533 of 2010 SITA BHUIYAN @ SITARAM BHUIYAN, SON OF LATE RADHE BHUIYAN Versus STATE OF BIHAR ----------- 2. 18/02/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 147, 148, 149, 354, 307 of the Indian Penal Code and Sections ¾ of the Explosive Substance Act. It has been submitted that in the First Information Report, the petitioner has been named when the Informant overheard the names of some accused persons taken between themselves. However, the submission is that it would be difficult to definitely pin point whether the petitioner was in fact involved in the present occurrence or not and in fact, his name has been dragged with oblique motive. Taking into consideration the aforementioned facts as also that the petitioner is in custody since 1.3.2008, 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 to the satisfaction of Additional Sessions Judge, Fast Track Court No. IV, Aurangabad, in connection with Sessions Trial No. 259 of 2008/460 of 2009 arising out of Amba P.S. Case No. 36 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 2 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. (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. S.Ali (Anjana Prakash, J.)