IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.784 of 2010 KAMESHWAR BAITHA, S/O JAGU BAITHA Versus STATE OF BIHAR **** /2/ 21.01.2010 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Sections 307 and other allied sections of the Indian Penal Code, 27 of the Arms Act, 3 and 4 of the Explosive Substances Act and 17 of the Criminal Law Amendment Act. 3. Taking into consideration the fact that the petitioner’s name transpired in the first information report on the statement of the co-accused, who was arrested at the spot, but, he himself was not arrested there and the fact that the petitioner is in custody since 25.03.2009 on which date he was remanded after four years of the occurrence, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with S.T. No. 267 of 2009 arising out of Nauhatta P.S. Case No. 11 of 2003 to the satisfaction of the Additional District Judge, Fast Track Court, IV, Rohtas at Sasaram, on 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 2 he is related with the petitioner and since the petitioner is a resident of Jharkhand it will be proper if one of the sureties is a local person, (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 give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner then his bail will be liable to be cancelled for reasons of misuse and (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.A. (Anjana Prakash, J)