IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27429 of 2010 RAKESH KUMAR SINGH @ DADAN SINGH, S/o Sri Ram Kishun Singh. Versus THE STATE OF BIHAR ----------- 02. 13.08.2010 Heard learned counsel for the petitioner, informant 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. The petitioner was refused bail by order dated 11.01.2010 vide Cr. Misc. No. 45220 of 2009 on the ground that he was seen fleeing away with arms along with co-accused persons and he had motive to commit the crime. A fresh application has been filed on compassionate ground that in fact the petitioner is suffering from HIV Positive. Considering the same and the documents annexed herein, 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 Additional Sessions Judge-I, Danapur in connection with S.Tr. No. 281 of 2010 arising out of Bihta P.S. Case No. 141 of 2009 subject to the following conditions:- (i) 2 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 the other bailor shall be the wife of 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 affidavit shall clearly state that the petitioner is not accused in any other case and if he is he shall not be released on bail. (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. In case the informant finds any material that the documents filed herein is not trustworthy he shall file such an application before this Court. Vikash/- (Anjana Prakash, J.)