IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13020 of 2010 SRI MANDAL @ SRILAL MANDAL SON OF SHIBU MANDAL Versus STATE OF BIHAR ----------- 2. 27.4.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 364/34, 302/34, 201 of the Indian Penal Code and 27 of the Arms Act. The prosecution case is that the son of the informant was called away by two co-accused persons and thereafter he was seen sitting with a large number of accused persons including the present petitioner, but he did not return even after assurance of the accused persons. In view of the fact that there is no specific overt-act against the petitioner nor was he the person, who had called away the deceased, let the petitioner above named, who is in custody since 9.11.2009, 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, F.T.C.IV, Munger in S.T.No.843 of 2009 arising out of Naya Ram Nagar P.S.case No.91 of 2004, 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 - 2 - 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 and (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. It has been submitted that the petitioner is an accused in only one other case from which he was remanded in the present case, which fact will be verified by the concerned court before releasing the petitioner on bail. Narendra/ ( Anjana Prakash, J. )