IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15187 of 2011 Saurav Sinha @ Saurav, S/o Shri Birendra Kumar Sinha @ Birendra Prasad Sinha, resident of Thakur Bari Road, Near Post Office, Police Station-Banka, District-Banka at present resident of Mohalla-Ishopur, Near Purani Masjid, Police Station-Phulwari Sharif, District-Patna. Versus The State of Bihar -------------- 04. 16.08.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 302/34 of the Indian Penal Code and Section 27 of Arms Act. The petitioner was refused bail by order dated 23.08.2010 since two persons were done to death on account of non-fulfilment of extortion money. The petitioner has renewed his prayer for bail on the ground that he is in custody since 21.11.2009 and other co- accused persons similarly placed have been granted bail by this Court as also that there is no progress in trial. A report was called for from the Trial Court which has reported that despite all forms of notice to the witnesses none has turned up for examination. 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 as fixed by the Court to 2 the satisfaction of Additional District and Sessions Judge, F.T.C.-IV, Patna in connection with S.Tr. No. 1257 of 2010/1336 of 2010 arising out of Phulwari Sharif P.S. Case No. 463 of 2009 subject to the following conditions:- (i) That one of the bailors shall be the father of the petitioner and the other bailor shall be local since the petitioner belongs to Banka. The bailor will also undertake to inform the Court if there is 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. (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 antecedents of the petitioner, the petitioner is directed to appear before the Sr. Superintendent of Police, Patna within fifteen days of his release with a copy of this order and every two weeks thereafter for the next nine months. The conduct of the petitioner will be kept under watch in this period by the superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the 3 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. Let photo copy of the report of the Trial Court dated 27.07.2011 be forwarded to the Sr. S.P., Patna for the needful. Vikash/- (Anjana Prakash, J.)