IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14506 of 2010 AJAY KANDU @ RAVI JEE SON OF LATE FAGU PRASAD Versus STATE OF BIHAR ----------- 2. 6.5.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 302/34 of the Indian Penal Code and 27 of the Arms Act. The petitioner was initially ordered to be released on bail by an order dated 10.9.2004, but he could not furnish bail bond since in all probability he was an accused in other case. In the mean while some prisoners broke away from Jehanabad jail including the petitioner and thereafter he surrendered on 24.4.2008 and since then he is in jail. In view of the fact that on merits the Sessions Judge had granted the petitioner on bail, 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 Sessions Judge, F.T.C.I, Jehanabad in S.T.No.661 of 2005/ 158 of 2008 arising out of Karpi P.S.case No.26 of 1995, subject to the conditions (i) That one of the bailors shall be the mother/wife of the petitioner and the other 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 - 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, (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 and (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 Judge concerned shall insist on photographs of the petitioner as well as the bailors so that there is no question of any mistaken identity. Narendra/ ( Anjana Prakash, J. )