IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.50288 of 2008 SAROJ SINGH @ SAROJ KUMAR SINGH SON OF LATE RAMSHRAY SINGH Versus STATE OF BIHAR ----------- 4. 12.5.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 302 of the Indian Penal Code and 27 of the Arms Act. The petitioner was refused bail earlier by an order dated 28.3.2008 vide Cr.Misc.No.54524 of 2007. The petitioner has renewed his prayer for bail after having remained in custody since the last more than three years. The prosecution case is that the son of the informant was found injured by fire arms and when he was removed to the Hospital, he was declared dead. Seven days later and even thereafter certain witnesses appeared and stated that it was the petitioner, who had shot dead the deceased, but there is no explanation as to why they did not disclose the name of the petitioner earlier. In view of such, let the petitioner above named, who is in custody since 2.5.2007, 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 District & Sessions Judge, F.T.C.No.5, Rohtas at Sasaram in Sessions Trial No.604 of 2007/ 2 of 2008 arising out of Sasaram Mufassil P.S.case No.111 - 2 - 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. 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. Narendra/ ( Anjana Prakash, J. )