IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15263 of 2010 MD.LALU MIAN, S/o Late Ali Jhan. Versus THE STATE OF BIHAR ----------- 02. 11.05.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 147, 148, 149 and 302/34 of the Indian Penal Code. The petitioner was refused bail by earlier order dated 06.08.2007 stating therein that it was being rejected at that stage. However, the petitioner is in custody since 27.07.2006 and up till now even though eleven witnesses have been examined none of them stated about the complicity of the petitioner. In view of the period of custody and the merits of the case, 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 to the satisfaction of 3rd Additional Sessions Judge, Muzaffarpur in connection with S.Tr. No. 877 of 2006 arising out of Kurhani P.S. Case No. 235 of 2006 subject to the following conditions:- (i) That one of the bailors will be a close relative of the 2 petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner and the other bailor shall be the wife of 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 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. Vikash/- (Anjana Prakash, J.)