IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34538 of 2010 DHIRAJ KUMAR @ RAUSHAN KUMAR, SON OF LATE SURENDRA PRASAD SINGH Versus STAE OF BIHAR ----------- 3. 05.01.2011 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. The petitioner was refused bail by an order dated 8.1.2010 vide Cr. Misc. 45179 of 2009, since the petitioner was one of the persons whose name transpired later on as one of the occupants of the Motorcycle who had killed the deceased. It has been submitted that there is no specific overt act alleged against the petitioner and from the report of the trial court it appears that no witness till date has been examined. Considering the same, 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 or any other surety to be fixed by the court concerned to the satisfaction of 1st Additional Sessions Judge, Muzaffarpur, in Sessions Trial No. 211 of 2010 arising out of Bela P.S. Case No. 20 of 2008 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 2 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 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.)