IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22140 of 2010 FUDAN SINGH, SON OF LATE SADHU SINGH Versus STATE OF BIHAR ----------- 2. 24.08.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 399, 402, 307 of the Indian Penal Code and Sections 25(1-B)A, 26, 27 and 35 of the Arms Act. It has been submitted that even as per the prosecution case, there is no specific overt act alleged against the petitioner and he is in custody since 10.7.2007 and the trial is not proceeding on account of non-appearance of the witnesses and the co-accused persons have already been enlarged on bail. In view of such, let the petitioner above named, 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 Additional Sessions Judge, F.T.C. No. II, Araria, in Sessions Trial No. 219 of 2000 arising out of Raniganj (Bousi) P.S. Case No. 74 of 1998 subject to the following 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 and the other shall be the brother/wife of the petitioner. The bailor will undertake to furnish information to the court about any change in address of the 2 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 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. S.Ali ( Anjana Prakash, J.)