IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15092 of 2010 SANTOSH SHARMA, SON OF SRI KAMTA SHARMA Versus STATE OF BIHAR ----------- 3. 25.06.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 307 of the Indian Penal Code and Section 27 of the Arms Act. By an order dated 15.10.2009 vide Cr. Misc. 35155 of 2009, the petitioner was allowed bail on merits also on the submission that the petitioner has no criminal antecedents which affidavit he was to file in the court below. However, it transpired that the petitioner has criminal antecedents and, therefore, he could not be released on bail. He filed a fresh application for bail vide Cr. Misc. 41630 of 2009 which was rejected for the present by an order dated 8.12.2009. It has been submitted that the petitioner is in custody since 15.1.2009 and the injury report of the injured is not available in the case diary. In view of such, let the petitioner above named, 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 Sub Divisional Judicial Magistrate, Daudnagar (Aurangabad) in Obra P.S. Case No. 35 of 2008 subject to the following conditions: (i)That one of the bailors will be a close 2 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 father of the petitioner. The bailor will undertake to furnish information to the court about any change in 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 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 any manner, his bail will be liable to be cancelled for reasons of misuse. S.Ali ( Anjana Prakash, J.)