IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10769 of 2010 LAXMI NARAYAN MAHTO, SON OF LATE NATHUNI MAHTO Versus THE STATE OF BIHAR ----------- 2. 13/04/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 302 of the Indian Penal Code and Section 27 of the Arms Act. The petitioner is not named in the First Information Report and the only material that has transpired during investigation is the confessional statement of the co-accused wherein he has mentioned the petitioner as one of the conspirator. In view of such and also that the petitioner has no criminal antecedents and is in custody since 29.8.2009, 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 V, Begusarai, in Sessions Trial No. 1068 of 2009 arising out of Sahebpur Kamal P.S. Case No. 176 of 2004 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. The bailor will undertake to furnish information to the Court about any change in 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, - 2 - 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. (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. S.Ali (Anjana Prakash, J.)