IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26889 of 2011 Salim Khalifa, son of Suleman Khalifa Versus The State Of Bihar ----------- 2. 18.08.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302/34 of the Indian Penal Code. Even though, there is no specific overt act alleged against the petitioner with regard to the assault on the deceased since he remained absconding while the other co- accused put on trial, I am not inclined to grant bail at this stage. The prayer for bail is rejected. However, he may be released on bail after framing of charge by the Trial Court ( Sub Divisional Judicial Magistrate, (West), Muzaffarpur), if his case is not bifurcated, 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 Sub Divisional Judicial Magistrate, (West) Muzaffarpur, in connection with Paroo P.S. Case No. 68 of 2008 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. The bailor will undertake to furnish information to the court about any change in the address 2 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 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. S.Ali ( Anjana Prakash, J.)