IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.46127 of 2009 KAMESHWAR BAITHA, S/O JAGU BAITHA, R/O VILLAGE DHANCHABAR, P.S. BISHRAMPUR, DISTRICT PALAMU (JHARKHAND) .. Petitioner Versus STATE OF BIHAR .. Opposite Party **** /2/ 11.01.2010 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Sections 147, 148, 149, 307, 353 and 120B of the Indian Penal Code, 25(1-b)(ii), 26 and 27 of the Arms Act and 17 of the Criminal Law Amendment Act. 3. Taking into consideration the fact that the petitioner is named in the first information report on the information furnished by the villagers that the petitioner was also involved in the occurrence, but, no injury has been sustained by any one, let the petitioner, above named, who is in custody since 25.03.2009 be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with S.T. No. 169 of 2009 arising out of Chutiya (Nauhatta) P.S. Case No. 39 of 1999 to the satisfaction of the Fast Track Court, I, 2 Rohtas at Sasaram, on 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 and the other bailor shall be of local area whose credential will be duly verified by the Court since the petitioner belongs to Jharkhand, (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 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 and (iv) 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. 4. The petitioner is directed to appear before the Superintendent of Police, Rohtas at Sasaram, within two weeks of his release with a copy of this order and, thereafter, 3 the petitioner’s conduct will be kept on watch by him for the next six months and if the same is found wanting in any respect, a report shall be made to the Court concerned for a proceeding for cancellation of bail for reasons of misuse of privilege of bail. S.A. (Anjana Prakash, J.)