IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9661 of 2010 SK. TABREJ S/O SK. ABBAS Versus STATE OF BIHAR ----------- 2. 29.3.2010 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 27 of the Arms Act. Taking into consideration the fact that the petitioner is not named in the first information report and subsequently his name transpired during investigation, but he has no criminal antecedents, let the petitioner above named, who is in custody since 21.12.2009, 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 Addl. Sessions Judge, 9th Court, Motihari, District East Champaran in S.T.No.3 of 2010 arising out of Turkaulia P.S.case No.131 of 2000, 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 affidavit shall clearly state that the petitioner is not an accused in any other case and if he is he shall not be released on bail, (iii) 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 - 2 - 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. Narendra/ ( Anjana Prakash, J. )