IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14727 of 2011 VIMAL PRAKASH TRIPATHI @ BIMAL PRAKASH TRIPATHI @ KAHIYA @ Anand @ Bhoria @ Bhopu @ Gitti, S/o Shashi Mauli Tripathi @ Baba. Versus THE STATE OF BIHAR ----------- 02. 18.05.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 302/34 and 120B of the Indian Penal Code and Section 27 of Arms Act. The petitioner was refused bail by order dated 16.08.2010 vide Cr. Misc. No. 27410 of 2010 since his name had transpired during investigation that he had hired the services of two persons to commit the murder of the deceased, Sabir Alam. The background of the case is that on 15.09.2009 the said Sabir Alam had instituted a case against unknown persons for committing robbery in his house in which one Raju @ Ibrar was arrested on 15.09.2009. He gave a confessional statement before the police that he had been hired by the petitioner to commit the murder of Sabir Alam but the murder bid was aborted. Subsequently, the said Sabir Alam was murdered on 14.10.2009. Surprisingly the confession of Raju @ Ibrar was recorded on 14.10.2009 in the present case wherein it was allegedly disclosed that after the aborted bid the petitioner had hired the services of two other co-accused for committing the murder of Sabir Alam. Raju @ Ibrar could not possibly have known this part of the story since he was arrested in the earlier case on 15.09.2009 and sent behind the bars. It has been submitted that the petitioner is accused in only two cases which are connected to each other. This fact shall be 2 verified by the Magistrate before releasing the petitioner 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 or any other surety as fixed by the Court to the satisfaction of Chief Judicial Magistrate, Patna in connection with Phulwarishariff P.S. Case No. 417 of 2009 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 father of the petitioner. 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 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. Vikash/- (Anjana Prakash, J.)