IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.25099 of 2010 MUKESH SINGH son of Ram Govind Singh Versus STATE OF BIHAR ----------- 2/ 27.07.2010 Heard learned counsel for the petitioner and the State. By order dated 14.1.2010 vide Cr. Misc. No. 121 of 2010, the petitioner was refused bail since he had been identified by some witnesses as one of the miscreants, who was seen fleeing away from the place of occurrence after the occurrence. It has been submitted that now five witnesses have been examined out of whom two have been declared hostile, whereas, the other two have not identified the petitioner in court and the sole witness, who has identified the petitioner, has admitted in his deposition that the petitioner was a witness against him in a murder case. In view of such, let the petitioner, above named, who is in custody since 8.8.2008, 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 Sub-Divisional Judicial Magistrate, Sikerhana at Motihari, in connection with Dhaka P.S. Case No.030 of 2008, 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. 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 - 2 - 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. JA/- (Anjana Prakash, J.)