IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10008 of 2011 Mohammad Akhtar son of Md. Phida Hussan Versus The State Of Bihar ----------- 3. 26.7.2011 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence u/ss.302 and 376(2)/34 of the Indian Penal Code. The petitioner was refused bail by an order dated 13.8.2010 vide Cr.Misc.No.21547 of 2010 and now the prayer for bail has been renewed on the ground that the charges have been framed and other co-accused persons have been granted bail for this reason. Considering the same as also that the petitioner has fair antecedents, 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 learned Additional Sessions Judge 2nd, Begusarai in connection with S. Tr. No.965 of 2010 arising out of Cheria Bariarpur P.S. case No.7 of 2010, subject to the conditions (i) That one of the bailor shall be Md. Akbar, brother of the petitioner and the other bailor - 2 - 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 address of the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not an 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 ground of misuse, (iv) That the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Narendra/ ( Anjana Prakash, J. )