IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10788 of 2011 LAL MOHAN SINGH, S/o Binda Singh. Versus THE STATE OF BIHAR ----------- 02. 04.05.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 302/34 of the Indian Penal Code and Section 27 Arms Act. The petitioner was refused bail by order dated 07.04.2010 vide Cr. Misc. No. 4965 of 2010 since it was suspected that the petitioner was also involved in the present occurrence. However, it was stated in the same that prayer for bail was being rejected at that stage. It has been submitted that now the trial has proceeded and four witnesses have been examined whereafter some additional co-accused have been summoned under Section 319 Cr.P.C. who were named in the FIR and it was likely that the trial would be protracted. Considering that the petitioner is in custody since 30.06.2009 and his undertaking that he will be physically present on each date of trial, let the petitioner, above named be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the 2 like amount each or any other surety as fixed by the Court to the satisfaction of Additional Sessions Judge, F.T.C.-V, Saran at Chapra in connection with S.Tr. No. 129 of 2010 arising out of Marhaura P.S. Case No. 92 of 2009 subject to the following 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 and the other bailor shall be the cousin of the petitioner namely Vijay Kumar Singh. The bailor will also undertake to inform the Court if there is 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. (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. Vikash/- (Anjana Prakash, J.)