IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38319 of 2009 ANIL SINGH SON OF CHHABILA SINGH Versus STATE OF BIHAR ----------- 3. 4.1.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 302/34 of the Indian Penal Code and 27of the Arms Act as well as 3/5 of the Explosive Substance Act. It has been submitted that the petitioner has been named in the first information report by the informant on the basis of statement given by one Mritunjay Kumar alias Laddu that it is the petitioner and one other co-accused, who shot dead the deceased, but the said Laddu was examined by the police immediately after the occurrence and he does not name the petitioner nor does he name the petitioner u/s.164 Cr.P.C. Taking into consideration the aforementioned facts as also that the petitioner did not voluntarily abscond from the court but was constrained to do so while he was in custody in connection with another case between 2002 and 2007, let the petitioner above named, who is in custody since 28.7.2009, 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 C.J.M., Siwan in connection with Siwan (Mufasil) P.S.case No.137 of 1998, subject to the conditions (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit genealogy as to how he is related with the petitioner, (ii) that the bailor shall also state on - 2 - 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 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. )