IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11392 of 2010 GARAJU BAITHA SON OF LATE DEO DHARI BAITHA Versus STATE OF BIHAR ------------ For the Petitioner : Raghav Prasad For the State : C. Jawahar, A.P.P. 2. 15.4.2010 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 & 302 of the I.P.C and Section 27 of the Arms Act. In the FIR 7 persons are named. It is alleged that co- accused Biresh Nonia and Ram Khelwan shot the deceased. The petitioner is in the custody since 20.10.2005 and the impugned order reveals that despite charges have been framed on 2.10.2006, only one eye witness has been examined in the case. In view of such, let the petitioner 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 Fast Track Court II, Gopalganj in Bishambharpur Police Station Case no. 65/2004, subject to the 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 bailor will undertake to furnish information to the court about any change in the 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 - 2 - case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse and (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. In view of the nature of allegations against the petitioner, the petitioner is directed to appear before the Superintendent of Police, Gopalganj within fifteen days of his release with a copy of this order and thereafter every two weeks for the next nine months. The conduct of the petitioner will be kept under which in this period by the S.P. concerned and if it is found wanting in any manner a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned. MKchy ( Anjana Prakash, J. )