IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.319 of 2011 LAXMAN GOPE @ CHAMAN YADAV @ DOMAN YADAV, S/o Sri Mathura Yadav. Versus THE STATE OF BIHAR ----------- 03. 11.05.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act. By order dated 22.03.2010 and 04.08.2010 vide Cr.Misc. Nos. 8573 of 2010 and Cr.Misc. No. 26249 of 2010 the petitioner was refused bail on merits. The petitioner has renewed his prayer for bail on the ground that he is in custody since 02.02.2009 and there is no progress in trial. When a report was called for from the Trial Court it reported that despite issuance of summons and bailable warrants no witness has turned up till date. Considering that the petitioner is not the assailant of the deceased but was merely sitting on the motor-cycle at the time of occurrence, 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 as fixed by the Court to the satisfaction of 1st Additional Sessions Judge, Patna 2 City in connection with S.Tr. No. 1044/2010 arising out of Khusroopur P.S. Case No. 49 of 2008 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 and the other bailor shall be the shala of the petitioner namely Nageshwar Kumar. The bailor will also undertake to inform the Court if there is any change in the address of 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. In view of the antecedents of the petitioner, the petitioner is directed to appear before the Superintendent of Police, Patna (City) within fifteen days of his release with a copy of this order and every two weeks thereafter for the next nine months. The conduct of the petitioner will be kept under watch in this period by the superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the 3 court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned. Vikash/- (Anjana Prakash, J.)