IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.44651 of 2009 BIGAN @ BIJENDRA YADAV, son of Lakhan Yadav Versus STATE OF BIHAR ----------- 3/ 21.01.2010 Heard learned counsel for the petitioner and the State. Petitioner’s prayer for bail was earlier rejected by order dated 29.07.2009 passed in Cr. Misc. No. 19504 of 2009, but now four contested witnesses have been examined as per the report of the trial court whose deposition has been annexed with the present case and I find that none of them have supported the case of the prosecution. The rest of the six witnesses out of the ten witnesses to be examined are of public/official witnesses as per the report of the learned Sessions Judge. Under the circumstances, let the petitioner, above named, who is in custody since 16.3.2009, 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. 1st , Khagaria, in connection with S.C. No158 of 2009, 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, (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.)