IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.27035 of 2011 Md. Parwez son of Sk. Gainu Versus The State Of Bihar ----------- 2/ 18.08.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 302/34 of the Indian Penal Code and section 27 of the Arms Act. It has been submitted that the petitioner is named in the First Information Report on the basis of circumstantial evidence and there is no direct material against him. Further submission is that there is only one other case of Arms Act pending against him which fact shall be verified by the court below before releasing the petitioner on bail. Considering that there is no direct material against the petitioner, let him (Md. Parwez) 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 Chief Judicial Magistrate, Naugachia, in connection with Parbatta P.S. Case No.30 of 2011, subject to the conditions (i) That one of the bailors will be the brother of the petitioner and another bailor shall be local since the petitioner is the resident of Bhagalpur. The bailors will undertake to furnish information to the court about any change in the address of the petitioner, (ii) That the bailors shall also state on affidavit that they will inform the court concerned if the petitioner is implicated in 2 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, 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. JA/- (Anjana Prakash,J.)