IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.42421 of 2010 JITENDRA KUMAR @ RAJESH RANJAN s/o Sri Bhola Prasad Versus STATE OF BIHAR ----------- 4/ 11.05.2011 Heard learned counsel for the petitioner and the State. The petitioner was refused bail earlier on two occasions by order dated 06.01.2010 and 29.06.2010 vide Cr. Misc. No. 41295 of 2009 and 17917 of 2010 respectively and the prayer for bail has been renewed on the ground that five witnesses examined during trial have not substantiated the allegation against the petitioner. On looking into the case diary, I find that even though the Sessions Judge has written that dead body was recovered on the statement of the petitioner, but it is an error of record. It appears that the photograph of the dead body when shown to the informant he refused to identify it, and therefore, the manner of occurrence has remained unsubstantiated. In view of such, 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 below to the satisfaction of the 2nd Additional Sessions Judge-cum-Fast Track Court No. IV, Nalanda, in connection with Sessions Trial No.360 of 2010 arising out of Laheri P.S. Case No.68 of 2009, subject to the 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 and another bailor shall be the father of the petitioner. The 2 bailors will undertake to furnish information to the court about any change in the address of the petitioner, (ii) That the bailors shall also state on affidavit that they 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, and (iii) That the petitioner will be physically present on each date and if he fails to do so, his bail will be liable to be cancelled. JA/- (Anjana Prakash,J.)