IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28696 of 2011 Pramod Rai, S/o Sri Mahendra Rai. Versus The State of Bihar ----------------- 02. 02.09.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 147, 148, 149, 379, 323, 324 and 307 of the Indian Penal Code and Section 27 of Arms Act. Considering that the case is of the year 2009 whereas the petitioner is in custody only since 13.06.2011 even though he was named in the First Information Report and there was specific overt act against him, I am not inclined to grant bail to the petitioner at this stage. The prayer for bail is rejected. However, the petitioner may be released on bail after framing of charge if his case is not bifurcated on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Additional Chief Judicial Magistrate, Barh in connection with Bakhtiyarpur P.S. Case No. 82 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 2 giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the 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. It has been submitted that the petitioner is accused in only one other case which fact will be verified by the Magistrate concerned before releasing the petitioner on bail. Vikash/- (Anjana Prakash, J.)