IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33699 of 2009 KAMESHWAR SINGH, Son of Sri Jatan Singh, Resident of Village-Rewa, P.S.-Saraiya, District-Muzaffarpur. Versus THE STATE OF BIHAR ----------- 02. 09.10.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act. Taking into consideration the fact that the petitioner is not named in the First Information Report and subsequently the witnesses named the petitioner without alleging any specific overt act against him, let the petitioner above named who is in custody since 14.07.2009 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 Sub-Divisional Judicial Magistrate, West Muzaffarpur in connection with Saraiya P.S. Case No. 169 of 1997 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. (ii)That the affidavit shall clearly state that the petitioner is not accused in any other case and if he is he shall not be released on bail. (iii) That the bailor shall also state on - 2 - 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 give an undertaking that he will receive the police papers on the given date and will not delay the trial and if he fails to do so on two given dates and delays the trial in any manner then his bail will be liable to be cancelled. The learned Magistrate is directed to ensure the service of police papers to the accused persons and commit the case for trial since the case is of the year 1997 so the same should be given priority. Once the case is committed to the Court of Sessions, the petitioner is directed to be well represented on each date and if he fails to do so on two consecutive dates without reasonable cause his bail will be liable to be cancelled. Vikash/- (Anjana Prakash, J.)