IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17077 of 2010 DINESH CHOUDHARY, SON OF LATE GULAB CHOUDHARY Versus THE STATE OF BIHAR ----------- 2. 06/05/2010 In view of the office note dated 5.5.2010, the filing of the certified copy of the Impugned order is dispensed with as the same has already been filed in Cr. Misc. No. 37084 of 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. By an order dated 29.1.2010, the petitioner was refused bail on account of the fact that he had remained absconding for nine years, but he was directed to renew his prayer for bail after framing of charge. From Annexure-3, it appears that the charges have been framed on 5.4.2010. Considering that there is no specific overt act against the petitioner and the First Information Report was instituted after much delay and initially there was an U.D. case instituted for the 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 to the satisfaction of Additional Sessions Judge, Benipur, in Sessions Trial No. 100 of 2010 arising out of Biraul P.S. Case No. 30 of 2000 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. The bailor - 2 - 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 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. S.Ali (Anjana Prakash, J.)