IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4113 of 2010 DEEPAK KUMAR SINGH @ DEEPU SINGH, S/o Late Bhaura Singh @ Umesha Nand Singh. Versus THE STATE OF BIHAR ----------- 05. 19.07.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 302 and 385/34 of the Indian Penal Code. It has been submitted that the petitioner is named in the First Information Report since there was an earlier demand of extortion by the petitioner and the co-accused but there is no eye-witness to the actual murder. The further submission is that the petitioner is in custody since 06.08.2005 and there is no satisfactory progress in the trial on account of which similarly placed persons have been granted by this Court order dated 31.03.2010 vide Cr.Misc. No. 7184 of 2010. 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 2 Sessions Judge-II, Patna in connection with S.Tr. No. 1521 of 2005 arising out of Phulwarisharif (Gaurichak) P.S. Case No. 197 of 2005 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 bailor shall be the brother of the petitioner. The Trial Court shall verify the documents only on behalf of the petitioner and the bailor so that there is no confusion with regard to his identity at a later point of time. The bailor will also undertake to inform the Court if there is any change in the address of 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 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. In view of the antecedents of the petitioner, 3 the petitioner is directed to appear before the Supdt. of Police, Patna within fifteen days of his release with a copy of this order and thereafter every week for the next one year. The conduct of the petitioner will be kept under watch in this period by the S.P. concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned. In case there is any complaint against the petitioner of tampering with the evidence immediate steps shall be taken by the Trial Court to ensure custody of the petitioner for reasons of misuse of bail. Vikash/- (Anjana Prakash, J.)