IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20845 of 2010 ALLAUDDIN MIAN @ ALAU MIAN, SON OF IDRISH MIAN Versus STATE OF BIHAR ----------- 2. 17.06.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302, 307, 436, 380, 120(B), 147, 148, 149 of the Indian Penal Code, Sections 27, 26, 35 of the Arms Act, Sections 3, 4 of Explosive Substance Act and Section 17 of C.L.A. Act. It has been submitted that the petitioner is named as one of the 32 accused persons who committed the murder of the Informant’s father but there is no specific overt act alleged against him and he is in custody since 24.2.2010. In view of such, let the petitioner above named who has no criminal antecedents, 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 Chief Judicial Magistrate, Kaimur at Bhabua, in Adhaura P.S. Case No. 8 of 1998 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. The bailors will undertake to furnish information to the court about any 2 change in the address of the petitioner. (ii)That the affidavit shall clearly state that the petitioner is not 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 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. (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 the cancelled. S.Ali ( Anjana Prakash, J. )