IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42667 of 2009 KALIYA BHAT @ MD.RIJWAN SON OF NASIRUDDIN SAH Versus STATE OF BIHAR ----------- 2. 09/12/2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 307, 324 of the Indian Penal Code and Section 27 of the Arms Act. Taking into consideration the fact that the petitioner is not named in the First Information Report and subsequently, the brother of the deceased gave out the names of his own brother-in-law whereas the wife of the deceased named the brothers of the deceased having being involved in the present case and the petitioner’s name transpired in the confessional statement of co-accused Jitendra Yadav, let the petitioner above named, who has no antecedent of similar nature and has remained in custody since 19.7.2009 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 Chief Judicial Magistrate, Nawada, in connection with Nawada P.S. Case No. 68 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. (ii) That the bailor shall also state on affidavit that 2 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 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. S.Ali (Anjana Prakash, J.)