IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37095 of 2010 MANOJ RAI, SON OF MAHENDRA ROY Versus STATE OF BIHAR ----------- 2. 29.10.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 147, 148, 149, 302, 201 and 379 of the Indian Penal Code. It has been submitted that the petitioner was refused bail by an order dated 13.8.2001 vide Cr. Misc. 16455 of 2010 but he was given liberty to renew his prayer for bail after framing of charge but his case shall not be bifurcated for the purpose of commitment or for framing of charge. The further submission is that now the charges have been framed since he was sole accused only, this case was committed and charge against him along was framed. This fact shall be verified by the trial court before releasing the petitioner on bail. In case the aforesaid submission is correct, 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 1st Additional Sessions Judge, Samastipur or the court concerned in Sessions Trial No. 65 of 2010 arising out of Warish Nagar P.S. Case No. 38 of 2002 subject to the following conditions: (i)That one of the bailors will 2 be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the Court about any change in 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. S.Ali ( Anjana Prakash, J.)