IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45192 of 2009 RAKESH BHAGAT, S/o Rajendra Bhagat. Versus THE STATE OF BIHAR. ----------- 03. 03.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 302, 307 and 120B/34 of the Indian Penal Code. The petitioner is named in the First Information Report amongst six persons named who generally fired at the deceased. However, there is no specific overt act against the petitioner. Today a supplementary-affidavit has been filed explaining the petitioner’s antecedent from which it appears that the petitioner is accused in three other cases but all of them are minor in nature. In view of such, let the petitioner above named who is in custody since 10.11.2009 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 Sri Ranjeet Kumar, Judicial Magistrate, 1st Class, Vaishali at Hajipur (or - 2 - his successor) in connection with Mahua P.S. Case No. 109 of 2009 (Tr. No. 3805 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. (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, his bail will be liable to be cancelled for reasons of misuse. Vikash/- (Anjana Prakash, J.)