IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27781 of 2011 Md. Shakil, son of Md. Esrail Versus The State Of Bihar ----------- 2. 24.08.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302, 376(2/34) of the Indian Penal Code. The petitioner was refused bail by an order dated 25.10.2010 passed in Cr. Misc. 23833 of 2010. The petitioner has been renewed on the ground that the charges have been framed and other co-accused persons similarly placed has been released on bail and the petitioner has fair antecedents. Considering the same, let the petitioner above named, who is in custody since 7.2.2010, 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 Additional Sessions Judge II, Begusarai, in connection with Cheria Bariarpur P.S. Case No. 7 of 2010 arising out of Sessions Trial No. 965 of 2010 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 2 the petitioner. The bailor will undertake to furnish information to the court about any change in the 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 the ground of misuse. (iv)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. If the Trial Court finds that any of the accused persons are tampering with the prosecution evidence, immediate step shall be taken for cancellation of their bail S.Ali ( Anjana Prakash, J.)