IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6093 of 2010 MOHAMMAD PAPPU @ PAPPU MIYA, S/o Abdul Mazid. Versus THE STATE OF BIHAR ----------- 03. 08.04.2010 On inquiry from the counsel for the petitioner, I am informed that I had not appeared in the present case on behalf of the petitioner at earlier stage. Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 302 and 201/34 of the Indian Penal Code and Section 27 of the Arms Act. The case diary was called for to verify the materials against the petitioner and it transpires that apart from the police spy having expressed suspicion against the petitioner there is no material against him in the entire investigation. In view of such, let the petitioner above named who is in custody since 20.08.2009 and against whom there is only one other case pending 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 Chief Judicial Magistrate, Gaya in connection with Mufassil P.S. Case No. 21 of 2009 subject to the following conditions:- (i) That one of the bailors will - 2 - be a close relative of the petitioner who will give an affidavit giving 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. (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. The Magistrate will verify the fact that the petitioner is accused in only one other case before releasing the petitioner on bail. Vikash/- (Anjana Prakash, J.)