IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.20344 of 2011 Md. Kalam @ Kalam son of Kasim Miyan Versus The State Of Bihar ----------- 3/ 25.08.2011 Heard learned counsel for the petitioner and the State. The petitioner was refused bail by order dated 17.05.2010 vide Cr. Misc. No.8688 of 2010 since he had been identified by some witnesses as one of the person who threw bombs upon the police party. Prayer for bail has been renewed on the ground that the petitioner was identified by four witnesses, three of whom, who are the police personnel, have been examined but none have supported the factum of identification during the occurrence. The 4th witness is not appearing before the Court despite repeated summons to him. Considering the same as also that the petitioner is in custody since 20.08.2009, 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.3, Araria, in connection with Sessions Trial No.424 of 2010, 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 Asmina Khatoon, cousin of the petitioner. The bailors will undertake to furnish information to the court about any change in the address of 2 the petitioner, (ii) That the bailors shall also state on affidavit that they 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, and (iii) That the petitioner will 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. In view of the antecedents of the petitioner, the petitioner is directed to appear before the Superintendent of Police, Araria, within fifteen days of his release with a copy of this order and every two weeks thereafter for the next one year. The conduct of the petitioner will be kept under watch in this period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned. JA/- (Anjana Prakash,J.)