IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38579 of 2011 Bhutan Mian @ Ali Hassan, son of Late Sakir. Versus The State Of Bihar ---------------------------------- 2 15.12.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 364, 302, 120B of the Indian Penal Code. The petitioner is not named in the first information report but subsequently his name transpired during investigation that he was seen at the place of occurrence when the dead body was recovered. This is a case of year 2005 and the petitioner’s name has transpired in paragraph-89 itself i.e. two months after the occurrence. In view of his abscondance, I am not inclined to grant bail to the petitioner. However, the petitioner may be released on bail after framing of charge, if his case is not bifurcated for the purpose of charge or commitment, 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 below to the satisfaction of Chief Judicial Magistrate, Araria in connection with Bhargama P.S. Case No. 94 of 2005 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. The bailors will undertake to furnish information to the court about any change in the address of the petitioner, (ii) That the bailors shall also state on 2 affidavit that they 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 shall physically present on each and every day before the court below and if he fails to do so on two consecutive dates without reasonable cause his bail stand automatically cancelled. Md. Ibrarul ( Anjana Prakash, J.)