IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.15686 of 2010 JAI RAM SINGH son of Late Siya Ram Singh Versus STATE OF BIHAR ----------- 2/ 18.05.2010 Supplementary affidavit on behalf of the petitioner is being filed. Let it be kept with the record. Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 302 of the Indian Penal Code and section 27 of the Arms Act. The petitioner is not named in the First Information Report which has been instituted for the murder of brother of the informant by unknown persons. Thereafter, certain witnesses stated that it was the petitioner and some other co-accused persons, who shot dead the deceased. However, when these witnesses were examined during trial, they did not support the case of the prosecution and when the informant was examined as PW 5, he stated that he came to know the name of miscreants from Botal Singh alias Pramod Singh, but when he was examined as PW 8, he did not support the case of the prosecution. Similarly, PW 6 and 7 deposed that PW 2 and 8 had told him about the occurrence, but PW 2 and 8 did not support the prosecution case. In view of such, let the petitioner, above named, who is in custody since 13.9.2006, 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 the Additional Sessions Judge, IV, Barh, Patna, in - 2 - connection with S. T. No.511 of 2008, arising out of Maranchi P.S. case no. 58 of 2001, 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. Another bailor shall be the wife of the petitioner. The bailors 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 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. JA/- (Anjana Prakash, J.)