IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40515 of 2010 BITTU KUMAR @ DITTUA @ DITNA, SON OF SHAMBHU YADAV Versus STATE OF BIHAR ----------- 2. 01.12.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302, 201/34 of the Indian Penal Code. It has been submitted that even though the petitioner was refused bail by an order dated 15.2.2010 on consideration that Sudhir Kumar has given statement under Section 164 Cr. P.C. incriminating the petitioner but during trial the said Sudhir Kumar has not supported the case of prosecution and has been declared hostile. 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 Additional Sessions Judge, F.T.C. I, Nalanda at Biharsharif in Sessions Trial No. 399 of 2010 arising out of Deepnagar P.S. Case No. 73 of 2009 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 petitioner and the other shall be the father of the petitioner. The bailor will undertake to furnish information to the court about any change in address of the 2 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. The fact that there is only one other case pending against the petitioner will be verified by the Magistrate before releasing the petitioner on bail. S.Ali ( Anjana Prakash, J.)