IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.34052 of 2009 SHYAM BABU SAHANI, son of Sri Mahesh Sahani, resident of village- Awara Malikana, Police Station- Tariyani, District- Sheohar … Petitioner Versus STATE OF BIHAR …OP ----------- 2/ 12.10.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 302 and other allied sections of the Indian Penal Code. Taking into consideration the fact that petitioner is not named in the first information report and later on witnesses have said that the petitioner also belongs to the extremists group and there is only one case against him, let the petitioner above named, who is in custody since 4.3.2009, 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 the SDJM, Sikrahana, East Chamapran, Motihari, in connection with Rajepur P.S. case no. 77 of 2007, subject to the 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, and (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. The fact that the petitioner is accused in only one case will be verified by the Magistrate concerned and if it is found to be incorrect, the petitioner will not be released on bail. JA/- (Anjana Prakash, J.)