IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11965 of 2010 SANJAY KUMAR RAJBANSHI @ SANJAY RAJBANSHI, SON OF GANAURI RAJBANSHI Versus STATE OF BIHAR ----------- 5. 12.08.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302, 307, 504, 379, 34 of the Indian Penal Code and Section 27 of the Arms Act. It has been submitted that the petitioner is not named in the First Information Report and subsequently during investigation it transpired that it was the petitioner who was driving the Motorcycle on which the other co-accused persons came and shot dead the deceased. The report of the trial court reveals that for some reason or the other the trial is being delayed whereas the petitioner is in custody since 1.9.2004. 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 Fast Track Court 3rd, Gaya, in Sessions Trial No. 97 of 2009 arising out of Atri P.S. Case No. 49 of 2004 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 and the other shall be the father/mother of the petitioner. The bailor will 2 undertake to furnish information to the court about any change in address of 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 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. In case there is any complaint against the petitioner of tampering with the evidence, immediate step shall be taken for initiation of a proceeding for cancellation of bail. S.Ali ( Anjana Prakash, J.)