IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.136 of 2010 KAMESHWAR BAITHA son of Jaggu Baitha, resident of village Tosobar, Police Station Bioshrampur, District Palamu… …Petitioner Versus THE STATE OF BIHAR …. OPPOSITE PARTY For the Petitioner: Mr. Md. Shakil Ahmad Khan, Sr.Advocate Mr. Sada Nand Roy, Advocate For the State: Mr. Uma Shankar Pd. Singh, APP ----------- 4 25.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case registered under sections 147, 148, 149, 352 and 302 of the Indian Penal Code, section 27 of the Arms Act and section 17 of the Criminal Law Amendment Act. The petitioner is named accused along with 18 other accused persons and allegedly he had given the order, upon which co-accused Shankar Ram had fired upon Mungu Bind and after receiving firearm injury the victim died. It is submitted on behalf of the petitioner that he is in custody since 07.06.2006 and in almost all other cases he has been granted bail by different orders of difference Benches of this Court. A supplementary affidavit has been filed appending copies of those orders. 2 Learned counsel for the State submitted that the petitioner is having criminal antecedents. However, from the supplementary affidavit filed on behalf of the petitioner, it appears that he has been granted bail in those cases. Considering the facts and circumstances of the case, I direct the abovenamed petitioner to be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Ist Additional Sessions Judge, Kaimur at Bhabhua in S.T. No. 82 of 2006 arising out of Chainpur Police Station Case No. 7 of 1999 with further condition that one of the bailors must be close relative or family member of the petitioner, who shall state on affidavit before the court concerned, giving complete genealogy, as to how he or she is related with the petitioner and the other bailor shall be of local area whose credential will be duly verified by the court concerned since the petitioner belongs to the State of Jharkhand. Further, 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 concerned would be at liberty to initiate the proceeding for cancellation 3 of his bail bonds on the ground of misuse. The petitioner will also 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. It is also directed that the petitioner shall remain present on each and every date in course of trial before the court concerned. If the petitioner fails to remain present on two consecutive dates in course of trial without any reasonable cause shown by him, the court concerned would be at liberty to take steps for cancellation of his bail bonds. That apart, the petitioner is directed to appear before the Superintendent of Police, Kaimur at Bhabhua, within two weeks of his release with a copy of this order and, thereafter, 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 the reason of misuse of privilege of bail. SC ( Dr. Ravi Ranjan, J.)