IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.46078 of 2009 SUNIL JEE @ SUNIL DA @ BABAN KUMAR BAITHA @ SUNIL BAITHA, S/O KAMESHWAR BAITHA, R/O VILLAGE DHANCHABAR, P.S. BISHRAMPUR, DISTRICT PALAMU (JHARKHAND) .. Petitioner Versus STATE OF BIHAR .. Opposite Party **** /2/ 11.01.2010 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Sections 147, 148, 149, 307, 353 and 411 of the Indian Penal Code, 27 of the Arms Act and 17 of the Criminal Law Amendment Act. 3. Taking into consideration the fact that the petitioner was not arrested at the spot and is in custody since 22.11.2007, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with Simultalla P.S. Case No. 10 of 2004 to the satisfaction of the Chief Judicial Magistrate, Jamui, on 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 bailor 2 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 condcc1, (ii) 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 then his bail will be liable to be cancelled for reasons of misuse and (iv) 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. 4. It appears that the petitioner is resident of Jharkhand so the petitioner will be required to furnish a local bailor as one of the sureties. The petitioner is further directed to appear before the Superintendent of Police, Jamui, within fifteen days of his release and then a certificate, in this regard, in the Court below. The Superintendent of Police is directed to keep a watch on the petitioner’s conduct for the next nine months and if it is found wanting in any respect in the sense that if the petitioner’s implication is found in any other case even in the surrounding areas, a report about the same will be 3 made to the Court who will then proceed to hold proper enquiry for a proceeding for cancellation of bail for reasons of misuse of privilege of bail. S.A. (Anjana Prakash, J.)