IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.244 of 2011 PHULCHAND KUMAR S/O RAM EKWAL CHAUHAN Versus THE STATE OF BIHAR ----------- 2. 30.3.2011 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence u/s.302/34 of the Indian Penal Code and 27 of the Arms Act. The petitioner was refused bail by an order dated 28.6.2010 vide Cr.Misc.No.21420 of 2010, but was granted the liberty to renew his prayer for bail after framing of charge if his case is not bifurcated. It has been submitted that charges have been framed and his case was not bifurcated as is evident from Annexure-4. Considering that the petitioner is not named in the First Information Report and the fact that he has fair antecedents, let the petitioner above named, who is in custody since 12.5.2010, 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 F.T.C. IVth, Patna in connection with S. Tr. No.1257 of 2010 arising out of Phulwarisharif P.S. case No.463 of 2009, subject to the conditions (i) That one of the bailor shall be Ramesh Kumar, - 2 - cousin brother of the petitioner and the other bailor 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. )