IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.27000 of 2011 Naji Alam @ Nabi Alam @ Nafi Alam son of Md. Sabir Versus The State Of Bihar ----------- 2/ 18.08.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 302 and other allied sections of the Indian Penal Code. Considering that even though there is no specific overt act alleged against the petitioner but since the petitioner kept absconding even while the investigation was kept pending against him for this reason, I am inclined to grant him bail at this stage. However, he (Naji Alam @ Nabi Alam @ Nafi Alam) may be released on bail after framing of charge by the Trial Court on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each or any other surety to be fixed by the court below to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur, in connection with Hathauri P.S. Case No.70 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 bailor will undertake to furnish information to the court about any change in the address of 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 2 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, (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. JA/- (Anjana Prakash,J.)