IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 36003 of 2011 1. Hari Nandan Rai, S/o Late Saryug Rai, R/o Village - Bela Khap, P.S. Parihar, District – Sitamarhi. Versus 1. The State of Bihar ------------------ 02. 23.11.2011 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. The petitioner was refused bail by order dated 10.08.2010 but stating therein that the prayer for bail was being rejected at that stage. Subsequently, the petitioner was granted bail by order dated 29.08.2011 but on condition that the petitioner had fair antecedents which fact would be verified by the Magistrate. On verification it transpired that the petitioner is an accused in one other case instituted for the offence under Section 420 IPC and, therefore, he could not be released on bail. Considering that on merits the petitioner was found fit to be released on bail, 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 Additional District & Sessions Judge, F.T.C.-IV, Sitamarhi in connection with S.Tr. No. 148 of 2 2010 arising out of Parihar P.S. Case No. 117 of 2009 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 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. A sum of Rs. 750/- shall be deposited on behalf of the petitioner in the District Legal Aid Committee, Sitamarhi before he is released on bail. Vikash/- (Anjana Prakash, J.)