IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12276 of 2011 MD. SAMSAD @ DABLOO, S/o Noor Mohammad. Versus THE STATE OF BIHAR ----------- 02. 18.05.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 393, 307 and 302 of the Indian Penal Code and Section 27 Arms Act. By order dated 10.11.2010 vide Cr.Misc. No. 38479 of 2010 the petitioner was allowed bail considering that he was not named in the First Information Report and he was suspected to be involved during investigation. However, an affidavit was to be filed on his behalf that he is not an accused in any other case. As the petitioner was accused in four other cases such an affidavit could not be filed and he continued to be in custody. Considering that on merits the petitioner was found fit to be released on bail, 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 as fixed by the Court to the satisfaction of 1st Additional Sessions Judge, Muzaffarpur in connection with Mithanpura P.S. Case No. 125 of 2010 subject to the following conditions:- (i) That 2 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 also undertake to inform the Court if there is any change in the address of 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. (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. (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. A sum of Rs. 750/- shall be deposited in the concerned District Legal Aid Committee on behalf of the petitioner before he is released on bail. Vikash/- (Anjana Prakash, J.)