IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22891 of 2010 MUNER BHUIYAN S/o Late Ganauri Bhuiyan Petitioner Versus STATE OF BIHAR Opp. Party ----------- 02 08.07.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 302/34 of the Indian Penal Code and 17 of CLA Act. Petitioner is not named in the first information report but during investigation some witnesses stated that they over-heard the name of the petitioner while they were talking to each other. It is being submitted that petitioner is in custody since 10.3.2010. Apart from one case petitioner has no criminal antecedent which fact will be verified by the Magistrate concerned. 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 to the satisfaction of Sri Ashutosh Khetan, Judicial Magistrate, Ist Class, Aurangabad in Nabinagar P.S. Case no. 71 of 2004 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 (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 give an undertaking that he will receive the police papers on the given date and be present on date - 2 - fixed for charge and if he fails do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse (iv) that the petitioner will be represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. shahid (Anjana Prakash, J)