IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14751 of 2010 MUZIBUL ANSARI @ MAJBUL ANSARI @ MAJIBUL ANSARI SON OF SULEMAN ANSARI Versus STATE OF BIHAR ----------- 3. 29.6.2010 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. In the first information report it has been stated that one Deepnesh Kumar came and told the informant that the petitioner had assaulted the deceased with chhura. However when the said Deepnesh Kumar was examined in paragraph 57 of the case diary, he stated that he had heard about the same. It has been submitted that there is no eye witness to the occurrence and the entire case is based on hearsay evidence. In view of such, let the petitioner above named, who is in custody since 2.4.2009 and has no criminal antecedents, 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 9th Additional Sessions Judge, Motihari, East Champaran in S.Tr.No.446 of 2009 arising out of Paharpur P.S.case No.36 of 2009, 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 - 2 - 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 and (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. Narendra/ ( Anjana Prakash, J. )