IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30639 of 2010 NANDA PASWAN SON OF BRAHMDEO PASWAN Versus THE STATE OF BIHAR ----------- 4. 22.12.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence u/ss.147, 148, 149, 302 of the Indian Penal Code and 27 of the Arms Act. By an order dated 15.2.2010 vide Cr.Misc.No.3690 of 2010 the petitioner was refused bail primarily for the reason that he had remained absconding for eleven years. Considering that the occurrence took place on account of a minor dispute and there is no specific overt-act alleged against him, let the petitioner above named, who is in custody since 4.5.2009, 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 concerned to the satisfaction of Addl. Sessions Judge, F.T.C.III, Patna in Sessions Trial No.986 of 2009, subject to the conditions (i) That one of the bailor shall be the wife of the petitioner and the other bailor 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 Court about any change in address of the petitioner. (ii) That the affidavit 2 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 ground of misuse, (iv) 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, (v) That the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Narendra/ ( Anjana Prakash, J. )