IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37354 of 2009 SIPAHI MAHTO @ SIPAHI BIND SON OF LATE RAMDEO MAHTO, RESIDENT OF VILLAGE PATASIYA BANDHPUR, POLICE STATION MOHINDDINNAGAR, DISTRICT SAMASTIPUR …. PETITIONER Versus STATE OF BIHAR ----------- 2. 4.11.2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 302/34 of the Indian Penal Code and 27 of the Arms Act Taking into consideration the fact that four accused persons, who are named in the first information report, have been specifically stated to have committed overt acts but against the two unknown persons there is no specific overt act and the petitioner’s name transpired later on as one of the two unknown persons, let the petitioner above named, who is in custody since 17.6.2009, 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 Additional Chief Judicial Magistrate, Dalsingsarai, District Samastipur in connection with Vidyapatinagar P.S.case No.46 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 2 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 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 then his bail will be liable to be cancelled for reasons of misuse. Narendra/ ( Anjana Prakash, J. )