IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37971 of 2010 MANOJ TANTI SON OF LATE KASHI PRASAD GUPTA @ KASHI TANTI Versus THE STATE OF BIHAR ----------- 3. 2.2.2011 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302, 120B, 323, 307/34 of the Indian Penal Code and 27 of the Arms Act. The petitioner was refused bail by an order dated 26.4.2010 vide Cr.Misc.No.12640 of 2010 since there was direct allegation against the petitioner and co-accused Vikky Tanti of having fired at the deceased. The informant himself is not an eye witness to the occurrence and this statement was given by one Lalan Kumar, who when examined during trial did not support the case of the prosecution. Considering the same, 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 to be fixed by the court concerned to the satisfaction of Additional Sessions Judge II, Munger in S.T.No.422 of 2010 arising out of Naya Ram Nagar P.S. case No.153 of 2008, subject to the conditions, (i) That one of the bailor shall be Pawan Tanti (cousin of the petitioner) and the other bailor will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is 2 related with the petitioner. The bailor will undertake to furnish information to the Court about any change in address of the petitioner. (ii) That the 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 ground of misuse, (iv) That the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Narendra/ ( Anjana Prakash,J.)