IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22549 of 2010 VICKY SAO @ BANTI S/O DWARIKA SAO Versus THE STATE OF BIHAR ----------- 2. 8.7.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 307, 302/34 of the Indian Penal Code and 27 of the Arms Act. By an order dated 8.4.2010 the petitioner was granted bail on condition that a verification would be made that the petitioner is an accused only in Alamganj P.S.case No.114 of 2005 besides the present case. When a verification was done, three other cases were reportedly pending against the petitioner, but it has been submitted that in Alamganj P.S.case No.164 of 2004 a final report was submitted but till date the A.C.J.M., Patna City has passed no order differing with the same. The District & Sessions Judge, Patna is directed to look into the matter as to why till date the A.C.J.M. Patna City has not passed any orders upon the same even though the final report was submitted on 27.7.2006. In the next case i.e. Alamganj P.S.case No.339 of 2005 the petitioner has already been acquitted as is evident from the judgment of acquittal, whereas Alamganj P.S.case No.227 of 2001 is concerned, that is the only case which is pending against the petitioner apart from the two mentioned above and in that case no witness is turning up despite summons. - 2 - 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 A.C.J.M., Patna City in Alamganj P.S.case No.220 of 2009, subject to the conditions (i) That one of the bailors shall be the brother of the petitioner and the other bailor will 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 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 and (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. Let this order be communicated to the District & Sessions Judge, Patna through Fax for information and needful. Narendra/ ( Anjana Prakash, J. )