IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43771 of 2009 NIRANJAN SINGH SON OF LATE ANIRUDH SINGH Versus STATE OF BIHAR ----------- 4. 19.1.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 364 of the Indian Penal Code. It has been submitted that the date of occurrence is said to be of 29.5.2008, whereas the first information report has been instituted on 12.2.2009 only on the basis of some declarations having been made by the petitioner claiming to have killed the son of the informant. The reason for the occurrence is said to be an earlier case instituted for having injured the informant’s son, on account of which the accused persons were sent to jail and when they came out they committed this occurrence with the next son of the informant. A supplementary affidavit has been filed bringing on record the earlier first information report, which reveals that the petitioner was not an accused in the earlier case. In view of the fact that there is no eye witness to the occurrence and apart from suspicion and the antecedents of the petitioner, there is no material against him, let the petitioner above named, who is in custody since 4.3.2009, 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 - 2 - Additional Chief Judicial Magistrate, Naugachia in Bihpur P.S.case No.47 of 2009, subject to the conditions (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit 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 of bail, (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 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. From the case diary, it appears that the petitioner is accused in at least 13 other cases and, therefore, it will be proper if the petitioner is directed to report to the Superintendent of Police, Naugachia within fifteen days of his release from jail custody with a copy of the present order and every fort-night thereafter for the next nine months, in which period the Superintendent of Police, Naugachia is requested to keep a watch on the petitioner’ s conduct and in case it is found wanting in any respect, a report about the same shall be made by the - 3 - Superintendent of Police to the court concerned, who will then initiate a proceeding for cancellation of bail for reasons of misuse of bail. Narendra/ ( Anjana Prakash, J. )