IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.14174 of 2010 SAROJ SAH son of Balram Sah Versus STATE OF BIHAR ----------- 3/ 24.06.2010 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 section 27 of the Arms Act. It has been submitted that the petitioner is not named in the First Information Report and subsequently his name was disclosed in the confessional statement of the co-accused. However, some witnesses stated that two other persons had committed the murder of the deceased and the petitioners were not identified in the dock when they were examined as witnesses. In view of such, let the petitioner, above named, 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 Mr. R. Mishra, Judicial Magistrate, 1st class, Chapra, in connection with Marhaura P.S. Case No.92 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. Another bailor of the petitioner shall be his brother. The bailors will undertake to furnish information to the court about any change in the address of the petitioner, (ii)That the bailors shall also state on affidavit that they will inform the court concerned if the petitioner is implicated in any other case of similar nature after his - 2 - 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. JA/- (Anjana Prakash, J.)