IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3756 of 2011 Ramjee @ Ramjee Nonia s/o Late Hari Narayan Mahto Versus The State Of Bihar ----------- 3. 26.7.2011 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence u/s.302/34 of the Indian Penal Code and 27 of the Arms Act. The petitioner was refused bail by an order dated 28.6.2010 vide Cr.Misc.No.11312 of 2010 since he was one of the group of persons, who dragged away two persons, who were found later dead. The petitioner has renewed his prayer for bail on the ground that he is in custody since 18.11.2009 and not a single witness till date has been examined. A report was called for from the Trial Court which reveals that the charges were framed on 2.12.2010 but till 5.4.2011 not a single witness has turned up on behalf of the prosecution. 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 learned Additional Sessions Judge, F.T.C. IV, Patna in connection with S. - 2 - Tr. No.1257 of 2010 arising out of Phulwarisharif P.S. case No.463 of 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. It has been submitted that the petitioner is not an accused in any other case of similar nature and in fact is an accused in three other cases arising out of N.D.P.S. Act, which fact shall be verified by the court concerned before releasing the petitioner on bail. Narendra/ ( Anjana Prakash, J. )