IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.32178 of 2009 UPENDRA SAHNI son of Late Ramashish Sahni Versus STATE OF BIHAR ----------- 8/ 21.06.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 302/34 of the Indian Penal Code. The petitioner is not named in the First Information Report and from the case diary it appears that the co-accused had disclosed the name of the petitioner before the police. It has been stated in paragraph 15 of the petition that the petitioner has no criminal antecedent which fact will be verified by the court below before releasing the petitioner on bail. From the report of the trial court, it appears that three witnesses have been examined but there are altogether twenty witnesses and, therefore, the trial is likely to take sometime. In view of such, 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 the Chief Judicial Magistrate, Darbhanga, in connection with Singhwara P.S. Case No. 113 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 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 affidavit shall clearly state that the petitioner is not accused in any other case and, if - 2 - 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, (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. JA/- (Anjana Prakash, J.)