IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42072 of 2011 Alauddin Versus The State Of Bihar ---------------------------------- 2. 14.12.2011 Heard counsel for the petitioner and counsel for the State. The petitioner is apprehending his arrest in connection with Abadpur P.S.Case No.70 of 2010 for offences under Sections 302,201,379 and 120B of the Indian Penal Code. As per the F.I.R. the husband of the informant did not return though the informant had a talk with him on his mobile. In the morning of 15.11.2010 she learnt that her husband had been murdered. It has been alleged that the petitioner and other accused had earlier threatened the informant’s husband of being killed. The petitioner is not named in the F.I. R. Counsel for the petitioner has produced the carbon copy of the case diary which was examined by the counsel for the State. It is contended that the case of the present petitioner stands on the similar footing as that of accused Asgar Ali and Jogai who have been granted anticipatory bail by this Court in Cr. Misc. Nos. 18232 of 2011 and 18514 of 2011. In view of the aforesaid facts, let the petitioner Alauddin be enlarged on bail, either in the event of his arrest 2 by the police or surrender before the court below within four weeks from today, on furnishing a bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar, in the above noted case subject to the conditions as laid down in section 438(2) Cr. P.C. as also 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 of the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not an accused in any other case and, if he is, he shall not be released on bail. (iii) 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. (iv) 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. 3 (v) 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 Kanth ( Shivaji Pandey, J.)