IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44089 of 2009 NIRANJAN MANDAL, S/o Sri Dhjaneshwar Mandal Versus THE STATE OF BIHAR ----------- 2 17.12.2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 302 of the Indian Penal Code and section 27 of the Arms Act. Taking into consideration the fact that in the first information report itself the sole assailant is co-accused Mritunjaya Mandal which left no scope for an additional accused but later on the petitioner was implicated on the basis of suspicion, let the petitioner above named, who is in custody since 14.3.2009, 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 2nd Addl. Sessions Judge, Bhagalpur in connection with S.T. No. 881 of 2009 arising out of Sabour P.S.case No. 5 of 2008, subject to the conditions (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit genealogy as to how he is related with the petitioner, (iii) that the bailor shall also stated on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar 2 nature after his released 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 (iv) 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. Spd/- (Anjana Prakash, J.)