IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.40058 of 2009 KESHO MANDAL, s/o Raju Mandal Versus STATE OAF BIHAR ----------- 5/ 04.01.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 307 and other allied sections of the Indian Penal Code and section 25 (1-b) A, 26 and 35 of the Arms Act. Taking into consideration the fact that petitioner is not named in the first information report, wherein, as many as fifteen persons were named and subsequently his name transpired as being one of the member of the gang but there is no specific overt act against him, let the petitioner, above named, who is in custody since 5.6.2009, 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 the Chief Judicial Magistrate, Katihar, in connection with Manihari P.S. case no. 105 of 2007, 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 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 - 2 - dates and delays the trial in any manner, 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. The antecedent report of the petitioner reveals that he is accused in eight cases and, therefore, in the fitness of things the petitioner is directed to appear before the Superintendent of Police, Katihar, within fifteen days of his release with a copy of this order and every two weeks thereafter for the next six months. The conduct of the petitioner will be kept under watch in this period and if he is found wanting in any respect, a report shall be made to the court concerned, by the S. P., Katihar, to the court concerned, who will then initiate a proceeding for cancellation of bail for the reasons of misuse of bail. JA/- (Anjana Prakash, J.)