IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5448 of 2011 MANTOO SINGH @ JITENDRA NARAYAN SINGH SON OF LATE PRABHOO NARAYAN SINGH Versus THE STATE OF BIHAR ----------- 2. 20.4.2011 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence u/ss.307 of the Indian Penal Code and 27 of the Arms Act. The petitioner was refused bail by an order dated 26.4.2010 vide Cr.Misc.No.9055 of 2010, but the prayer for bail has been renewed on the ground that he is in custody since 21.11.2009 and now the informant has filed a petition resiling from her earlier statement. In view of such, 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 Chief Judicial Magistrate, Kaimur at Bhabua in Chand P.S. case No.17 of 2009, subject to the conditions (i) That one of the bailor 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 bailor shall also state on affidavit that - 2 - 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 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 if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. The Magistrate concerned will summon the informant and satisfy itself that indeed she had filed the compromise petition without any undue pressure and thereafter being satisfied will release the petitioner on bail. The Magistrate concerned will also verify that the petitioner is an accused in only two other cases and not of similar nature before releasing the petitioner on bail. Narendra/ ( Anjana Prakash, J. )