IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36284 of 2011 Tanku Yadav @ Pankaj Kumar son of Late Naresh Yadav R/O, Vill.-Bari Dariyapur, P.S.-Jamalpur, Dist.-Munger …Petitioner Versus The State Of Bihar …OP ---------------------------------- 2/ 29.11.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 302 the Indian Penal Code and section 27 of the Arms Act. It has been submitted that the only eye witness i.e. Chand, who had earlier given statement under section 164 Cr. P. C incriminating the petitioner, has been examined during trial and now he has not supported the fact that the petitioner had fired at the deceased. Considering the same as also that the petitioner has fair antecedents, let the petitioner, above named, be released on bail 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 Additional Sessions Judge-cum-Fast Track Court No. V, Munger, in connection with Sessions Case No.545 of 2011, 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 and another bailor shall be the brother of 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 2 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 misuse, (iv) That the petitioner shall be physically present on each date and if he fails to do so on two consecutive dates without reasonable cause, his bail will be liable to be cancelled. JA/- (Anjana Prakash,J.)