IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.12545 of 2010 RAKESH SINGH son of Sant Singh Versus STATE OF BIHAR ----------- 2/ 27.04.2010 Supplementary affidavit on behalf of the petitioner is being filed bringing on record the evidence of the prosecution witnesses. Let it be kept with the record. Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 302/34 of the Indian Penal Code and section 27 of the Arms Act. The petitioner is not named in the First Information Report and subsequently, his complicity arose since it transpired during investigation that the petitioner was one of the persons who had threatened the deceased with dire consequences. Such statement has been given by Arun Kumar Gupta, brother of the deceased and the wife of the deceased, who is not an eye witness. During trial, the informant and Arun Kumar Gupta have been examined but failed to identify the petitioner as one of the miscreants, who committed this occurrence. In view of such, let the petitioner, above named, who is in custody since 25.7.2009, 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 Additional Sessions Judge-cum- Fast Track Court No. 3, Rohtas at Sasaram in connection with S. T. No.317 of 2009, subject to the 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 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, and (iii) 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. JA/- (Anjana Prakash, J.)