IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43671 of 2010 SUJEET GOSWAMI, S/o Late Ram Nagina Goswami. Versus THE STATE OF BIHAR ----------- 02. 09.02.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 302/34 of the Indian Penal Code. The petitioner was allowed bail by order dated 10.08.2010 vide Cr. Misc. No. 19753 of 2010 on merits since he was not the person who had fired upon the deceased nor was he concerned with the earlier case in which the deceased was a witness but he was required to file an affidavit that he had no criminal antecedents. Since the petitioner was remanded in another case on 02.02.2010 such an affidavit could not be filed on his behalf and, therefore, he has remained in custody. Considering that the petitioner was granted bail earlier on merits, 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 as fixed by the Court to the satisfaction of Chief Judicial Magistrate, Rohtas at Sasaram in connection with Sasaram (Agrer) P.S. Case No. 21 of 2010 subject to the following conditions:- (i) That 2 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 also undertake to inform the Court if there is any change in the 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 the ground of misuse. (iii) 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. (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. A sum of Rs. 500/- shall be deposited on behalf of the petitioner before the District Legal Aid Committee, Rohtas at Sasaram before he is released on bail. Vikash/- (Anjana Prakash, J.)