IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9671 of 2010 BABAN NUT SON OF LATE ILAHI NUT Versus STATE OF BIHAR ----------- 4. 6.7.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302, 201/34 of the Indian Penal Code and 27 of the Arms Act. The prosecution case is that the informant learnt that his nephew had been shot dead, at which he went to the village concerned and in an enquiry it was learnt that the petitioner along with co-accused persons had committed the murder of the deceased. The case diary was called for to verify as to whether there is eye witness to the occurrence, but in the case diary apart from the general and vague suspicion having been cast against the petitioner there is no cogent material against him and the case has been committed to the court of Sessions. In view of such, let the petitioner above named, who is in custody since 5.12.2009, 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 A.C.J.M., Danapur in Bihta P.S.case No.338 of 2002, 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. The bailor will undertake to furnish information to the - 2 - court about any change in the address of the petitioner, (ii) that the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is he shall not be released on bail, (iii) 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 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. Narendra/ ( Anjana Prakash, J. )