IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16723 of 2010 SK. TABREJ, S/o Sk. Abbas. Versus THE STATE OF BIHAR ----------- 03. 06.07.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act. It has been submitted that the petitioner was granted bail by order dated 29.03.2010 vide Cr. Misc. No. 9661 of 2010 on condition that an affidavit would be filed on his behalf that he has no criminal antecedent but since there were two cases pending against the petitioner he could not file such an affidavit and therefore he could not be released on bail. The petitioner has renewed his prayer for bail upon which the report was called for from the Trial Court and it appears that it is correct that there are only two other cases pending against the petitioner. In view of such, 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 9th Additional Sessions Judge, Motihari in connection with S.Tr. No. 3 of 2010 arising out of Turkaulia P.S. Case No. 131 of 2000 subject to the following conditions:- (i) That one of the bailors will be a 2 close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of 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 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. (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. Vikash/- (Anjana Prakash, J.)