IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38503 of 2010 ANIL CHOUDHARY S/O LATE SHIVSHANKAR CHOUDHARY Versus THE STATE OF BIHAR ----------- 2. 10.11.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302 and 201 of the Indian Penal Code. It has been submitted that by an order dated 05.05.2010 vide Cr. Misc. No. 8657 of 2010 the petitioner was refused bail but stating therein that it has been refused at this stage. The submission is that now the informant has resiled from earlier statement and filed a petition to this effect on 16.8.2010. Considering the same, 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 to be fixed by the court concerned to the satisfaction of F.T.C.-V, Nawada in connection with S.T. No. 2 401/09/363/09 Town P.S. Case No. 265/2009, 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 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 ground of misuse, (iii) That the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. The Magistrate before releasing the petitioner on bail shall notice the informant and confirm that indeed he had filed a petition before the court on 16.8.2010 compromising the matter without coercion. Fahad. ( Anjana Prakash, J. )