IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36013 of 2009 RAJDHARI RAM SON OF LATE RAMPRIT RAM Versus STATE OF BIHAR ----------- 3. 9.12.2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 147, 148, 149, 307, 302, 120B of the Indian Penal Code and 3/5 of the Explosive Substance Act as well as 17/18 of Criminal Law Amendment Act. Taking into consideration the fact that the petitioner’s name has transpired on the confessional statement of the co- accused but there is no criminal antecedents of the petitioner, let the petitioner above named, who is in custody since 24.4.2009, 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 S.D.J.M.(West), Muzaffarpur in Deoria P.S.case No.21 of 2009, subject to the conditions (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit genealogy as to how he is related with the petitioner, (ii) 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, (iii) 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, (iv) that the petitioner will give an - 2 - 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 and (v) 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. Narendra/ ( Anjana Prakash, J. )