IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41191 of 2010 JIUT KAHAR SON OF DARESH KAHAR Versus STATE OF BIHAR ----------- 2. 18.11.2010. Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Baghaila P.S.Case No.43 of 2010 for the offence punishable under section 302/34 of the Indian Penal Code. The charge subsequently was submitted under section 304/34 of the Indian Penal Code. Learned counsel for the petitioner submits that in the circumstances though the case was instituted under section 302 of the Indian Penal Code but charge sheet was submitted under Section 304 of the Indian Penal Code, the similarly circumstanced co-accused, namely, Shambhu Paswan has been granted bail by a bench of this Court in Cr.Misc.No.36758 of 2010 vide order dated 29.10.2010. Considering the submissions of the learned counsel, let the petitioner Jiut Kahar be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of 2 the like amount each to the satisfaction of the Chief Judicial Magistrate, Rohtas at Sasaram in connection with Baghaila P.S.Case No.43 of 2010, subject to the following conditions:- (a) 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 address of the petitioner, (b) 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. (c) 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, (d) 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 3 any manner, his bail will be liable to be cancelled for reasons of misuse (e) 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. ahk (Jyoti Saran, J)