IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11337 of 2010 SANTU MAHTO, SON OF BALESHWAR MAHTON Versus STATE OF BIHAR ----------- 3. 24.06.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act. It has been submitted that from the narration of the First Information Report, it appears that the Informant is not an eye witness and earlier a prayer for bail of the petitioner was rejected by an order dated 26.7.2007 vide Cr. Misc. 16389 of 2007 at that stage. A report was called for from the trial court from which it appears that till date only six witnesses have been examined and it has been submitted on behalf of the counsel for the petitioner that the last witness was examined on 4.5.2009, so, there is absolutely no progress in the trial. The father-in-law of the Informant had also been examined as PW-1 who even though in his examination-in-chief stated that the petitioner had shot at the deceased but in cross-examination, he has stated that he went to the place of occurrence after the deceased had sustained injury along with his daughter-in-law, the Informant. In view of such, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 5,000/- (Five 2 thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge IIIrd, Munger, in Sessions Trial No. 40 of 2008 arising out of Kasim Bazar P.S. Case No. 112 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 and the other shall be the brother of the petitioner. The bailor will undertake to furnish information to the Court about any change in address of 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 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. S.Ali ( Anjana Prakash, J.)