IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36137 of 2010 HARI OM RAI @ HARI OM SINGH, SON OF SRI VISHNU SHANKAR SINGH @ ARVIND SINGH @ ARVIND RAI Versus STATE OF BIHAR ----------- 3. 05.01.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 307, 323, 34 of the Indian Penal Code and Section 27 of the Arms Act. The petitioner was refused bail by an order dated 3.2.2010 vide Cr. Misc. 2199 of 2010 stating therein that it was being rejected for the present. From the report of the trial court, I find that the case is being adjourned for the non-appearance of the Public Prosecutor and charge is not being framed on such account which in my opinion is extremely unfortunate since the framing of charge should not be postponed for the non-appearance of the Public Prosecutor. In view of such, let the petitioner above named, be released on bail after charge has been framed against him and other co-accused persons, 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 1st Additional Sessions Judge, Bhojpur, Ara, in Sessions Trial No. 372 of 2009 arising out of Ara Nawadah P.S. 2 Case No. 225 of 2009 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 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.)