IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8799 of 2010 SUNIL KUMAR, S/o Sri Suresh Chaudhary. Versus THE STATE OF BIHAR ----------- 02. 15.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 302 and 394 of the Indian Penal Code. By order dated 28.10.2009, the petitioner was refused bail on account of the wrong statement having been made in the petition. However, he has remained in custody since 21.04.2009 and therefore has renewed his prayer for bail on the ground that the petitioner was not named in the First Information Report but was implicated on the pointing out of the dog squad but now out of thirteen witnesses seven have been examined and none of them including the informant has identified the present petitioner. Under the circumstances, let the petitioner above named against whom there is only one case pending of Arms Act be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like - 2 - amount each to the satisfaction of Additional District & Sessions Judge, F.T.C.-IV, Patna in connection with S.Tr. No. 1157 of 2009 arising out of Masaurhi P.S. Case No. 145 of 2009 (G.R. No. 359 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. (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 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. Vikash/- (Anjana Prakash, J.)