IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14470 of 2010 ARUN SINGH S/O LATE DAWARIKA SINGH Versus STATE OF BIHAR ----------- 3. 28.6.2010 A Supplementary affidavit filed today, which is kept on record. Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 302, 120B/34 of the Indian Penal Code as also under Section 27 Arms Act. It has been submitted that initially the case was instituted against unknown persons but during the investigation the complicity of one Upender Singh arose that he had motive to get the crime committed. It further transpired that Upender Singh had hired the service of one Satyendra Singh who in turn had hired Satyendra and Nankah Yadav, who committed this occurrence. When Satyendra and Nankah were arrested they disclosed the name of the petitioner as one of the person who was present with Upender while he was talking to them for execution of work. It has been submitted that Satyendra 2 and Nankah were admittedly the men of Santu, who was on inimical terms with the petitioner since the petitioner was made an accused in the case instituted for the murder of his father. 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 the learned Chief Judicial Magistrate, Aurangabad, in connection with Rafiganj P.S. case no. 173/2008, subject to the conditions, (i) That one of the bailor 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 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 3 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. The fact that there is only one other case besides the present one pending against the petitioner will be verified by the Magistrate before releasing the petitioner on bail. Fahad. ( Anjana Prakash, J.)