IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25138 of 2011 Ashok Chaudhary, son of Late Ramashray Chaudhary Versus The State Of Bihar ----------- 3. 20.09.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 147, 148, 149, 452, 323, 342, 302 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution case is that the deceased was dragged away by the accused persons and shot dead. No one saw the actual killing and the allegation of dragging is against three persons but the petitioner is not one of them. It has been submitted on behalf of the Informant that it is mentioned in the First Information Report that the Informant and his family members had apprehended threat from the accused persons and, therefore, had filed an Informatory petition in this regard. The same has been brought on record from which it appears that the petitioner is also one of the accused. In view of such, I am not inclined to grant bail to the petitioner at this stage. However, considering that there is no specific overt act either with regard to dragging or the killing of the deceased, let the petitioner above named, be released on bail after 2 framing of charge, if his case is not bifurcated for commitment and charge, 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 Sub Divisional Judicial Magistrate, Bikramganj, Rohtas, in connection with Dinara P.S. Case No. 55 of 2011 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 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 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 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. S.Ali ( Anjana Prakash, J.)