IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41498 of 2009 AJAY CHAUHAN, son of late Arjun Chauhan, resident of village Sunderganj, P.S. Rohtas, District Rohtas-----------------------petitioner Versus THE STATE OF BIHAR---------------------opp. party ----------- 2. 01.12.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 302, 307, 428, 121, 122, 147, 148, 149 of the Indian Penal Code, Section 27 of the Arms Act and Section 17 of the Criminal Law Amendment Act. Taking into consideration the fact that the petitioner is not named in the F.I.R. but subsequently during investigation the name of Ajay transpired without parentage which is the only link to the present petitioner because his name is also Ajay, apart from the above mentioned material there is nothing against him with regard to his complicity in the present case, let the petitioner, who is in custody since 17.7.2009, be released on bail on furnishing bail bond of Rs.5000/- (Rupees five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sasaram in 2 connection with Rohtas P.S.Case No. 95/08 on the following conditions :- (1) 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, (2) 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, (3) 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 & (4) 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. Spal/ (Anjana Prakash) 3