IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45776 of 2009 BIRU MALAKAR @ BIRENDRA MALAKAR, son of Yogendra Malakar Versus THE STATE OF BIHAR ----------- 02. 08.01.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 302/34 the Indian Penal Code and 27 of the Arms Act. Taking into consideration the fact that petitioner’s name transpired during investigation on the supervision note of the superior police official that petitioner was informing the whereabouts of the deceased but there is no allegation of assault by him and he has no criminal antecedent, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 5000/-(five thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Birpur at Supaul in connection with Raghopur P.S. Case No. 47 of 2006, 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 (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 2 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 (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. The learned Magistrate will satisfy himself that the petitioner has clean antecedent before releasing the petitioner on bail. Shageer (Anjana Prakash, J)