IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34003 of 2009 KAMESHWAR BAITHA @ YUDHESHWAR BAITHA, S/o Jagu Baitha. Versus THE STATE OF BIHAR ----------- 03. 14.12.2009 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, 364, 302 and 201 of the Indian Penal Code, Section 27 of the Arms Act and Section 17 of the Criminal Law Amendment Act. Taking into consideration the fact that in the First Information Report itself petitioner’s name transpired on the basis of informant’s statement that the co-accused were taking each other’s name one of which was Kameshwar Baitha and in the entire case diary apart from this material there is no cogent evidence, let the petitioner above named who is in custody since 15.06.2006 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 1st Additional Sessions Judge, Kaimur at Bhabua in connection with Adhaura P.S. Case No. - 2 - 23 of 1999 (S.T. No. 86 of 2006/05 of 2006) 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 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. Vikash/- (Anjana Prakash, J.)