IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.4861 of 2010 SAKESH KUMAR @ SAKET KUMAR @ SAKESH YADAV, son of Late Kamdeo Yadav Versus STATE OF BIHAR ----------- 3/ 17.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 302 of the Indian Penal Code and section 27 of the Arms Act. In the First Information Report, the Chaukidar has stated that some unknown persons had done the deceased to death, who was a dreaded criminal and it appears that the occurrence took place on account of gang war. The petitioner is not named in the First Information Report and subsequently the only material that has transpired against him is that the brother of the deceased had heard that the petitioner was also involved in the occurrence. However, there is no eye witness nor is there any cogent material to support the complicity of the petitioner. Under the circumstances, let the petitioner, above named, who is in custody since 14.10.2009, 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 the Sub-Divisional Judicial Magistrate, Sherghati, Gaya, in connection with Roshanganj (Bankey Bazar)P.S. case no.47 of 2009, 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 - 2 - 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, and (ii) that the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to 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. JA/- (Anjana Prakash, J.)