IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.814 of 2011 SK. NABAB, Son of Muddin resident of Mohalla- Pirpaity Bazar, P.S. Pirpaity, District-Bhagalpur Versus THE STATE OF BIHAR ----------- 2 25.02.2011 Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. Petitioner is in custody in connection with S.Tr. No. 151 of 2010/ 625 of 2010 arising out of Pirpainti P.S. Case No.129 of 2009 for the offence punishable under Sections 302, 201 and 34 of the Indian Penal Code. The prayer for bail of this petitioner was earlier rejected by this Court by order dated 18.12.2009. Learned counsel for the petitioner submits that the involvement of the petitioner is simply on the basis of suspicion of having last been seen with the deceased brother of the informant. Learned counsel for the petitioner submits that the petitioner has a clean antecedent and that a similarly placed co- accused SK. Saddam has since been granted bail by a Bench of this Court by order dated 10.11.2010, copy whereof has been placed at 2 Annexure-3 of the application. Regard being had to the circumstances and considering the submissions of the learned counsel, let the petitioner namely, Sk. Nabab be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the 4th Additional Sessions Judge, Bhagalpur in connection with S.Tr. No. 151 of 2010/ 625 of 2010 arising out of Pirpainti P.S. Case No.129 of 2009 subject to the following conditions: (i) That one of the bailor 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 address of the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is he shall not be released on bail, (iii) 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 3 court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse, (iv) 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, (v) That the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Bibhash (Jyoti Saran,J.)